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Public, Private, Protected? What Employers Can (And Cannot) Do To Keep Personnel And Litigation Issues Confidential

November 2012

City Attorney's Association of Los Angeles

With increasing scrutiny by the media and members of the public on workplace misconduct investigations and litigation, many Cities are wondering what can be done to keep sensitive information private.  In this session, Brian Hamblet and Traci Park, experienced public sector litigators, will address the following:

  • Recent cases and current issues including the disclosure of investigation reports pursuant to the Public Records Act;
  • The application of the attorney-client privilege and attorney work product doctrine to investigation reports and other pre-litigation materials prepared by counsel or at the direction of counsel;
  • The scope of privacy protection for personnel records and other confidential documents and information;
  • The pitfalls and benefits of protective orders and sealing documents during litigation;
  • The enforceability and usefulness of confidentiality clauses in public entity settlement agreements;
  • Best practices for City officials and City attorneys for managing and protecting sensitive personnel and litigation materials.