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Managing the Modern Workplace
V&E International Labor & Employment Resources

Texas Supreme Court Gives Employers New Tool to Slap Down Defamation Claims

When a company does an investigation, it needs honest answers from its supervisors. But how does that happen if the supervisors are worried about being sued for defamation by the employees involved? Travis Coleman, for example, was fired by Exxon for failing to gauge storage tanks at a facility where he worked as a terminal technician. Coleman then sued Exxon and his supervisors, alleging that he had been defamed by statements made by the supervisors to the company’s safety investigators.

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  • 02
  • March
  • 2017


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Privilege and the Internal Investigation

When a company does an internal investigation, what does it need to do to ensure that the investigation is protected by the attorney-client privilege? Many companies erroneously believe that cc’ing the in-house counsel on the emails about the investigation is all that it takes to ensure that the investigation will be protected. It will not. However, a Texas court recently offered some helpful guidance on the steps that a company can take – at least in Texas – to ensure that an internal investigation remains protected by the attorney-client privilege.

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Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner