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A Legal Toolkit for Investigators to Handle Privilege Issues, 04/06/2023, On Demand More info »

A Legal Toolkit for Investigators to Handle Privilege Issues

Credit Available - See Credits tab below.

Beginner |  External Investigators |  Internal Investigators
Eli Makus
60 minutes
Audio and Video
Never expires.



Session Description:

In this webinar, participants will learn about two key privileges that impact our work as impartial investigators: attorney-client privilege and the attorney work product doctrine. Both impact the confidentiality of the investigation you conduct, including who can see your work and when. However, the application of these privileges can also expose investigators to questions of bias and lack of impartiality. We'll discuss strategies for resolving these issues and becoming an expert on how privilege impacts your investigations.

Learning Objectives:

  1. Understand the basics of attorney-client privilege and work product doctrine
  2. Learn to describe how these privileges impact your investigations
  3. Develop strategies for responding to assertions of bias or lack of impartiality
  4. Tips on preparing to answer questions at your deposition on point


The contents of this webinar and the positions taken are those of the presenter only, may be time sensitive, and are not warranted, endorsed or otherwise recommended by AWI and are not intended to provide legal advice. 



SHRM PDCs: 1.0


California MCLEs: 1.0



Eli Makus's Profile

Eli Makus

Senior Partner

Van Dermyden Makus Law Corporation

Eli Makus, AWI-CH is an employment attorney whose practice is focused on conducting impartial workplace investigations. Eli is the Managing Partner of Van Dermyden Makus Law Corporation. With more than twenty attorneys, Van Dermyden Makus is one of the largest law firms in the country devoted to providing neutral legal services, including conducting workplace investigations. Drawing upon his extensive employment law background, Eli conducts complex and sensitive investigations involving a variety of workplace complaints for public and private employers throughout California. Eli regularly trains on employment law topics, including training internal and external investigators on how to conduct impartial workplace investigations. Prior to focusing on workplace investigations, Eli served as in-house employment and medical staff counsel for a large healthcare provider. There, in addition to providing employment law advice and counsel, he conducted and supervised investigations and helped develop an internal investigations program. Before that, he worked for a large Northern California law firm representing employers in a variety of employment law matters.  Eli is the President for the AWI Board of Directors and regularly serves as Faculty for AWI’s Training Institute. Eli earned his law degree from King Hall School of Law at the University of California, Davis.