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Contract analysis / witness-interview-protocol-upjohn.docx
witness-interview-protocol-upjohn.docx
1016-00009 · 13 clauses
High · 0 Medium · 4 Standard · 0
I. PURPOSE AND SCOPE Medium
⚑ Liability cap to check against exposure
I. PURPOSE AND SCOPE 1.1 Purpose of this Protocol This protocol establishes the standard procedure governing all witness interviews conducted by Calderwood & Harkness LLP ("Calderwood & Harkness" or the "Firm") in connection with the internal investigation of Dunmore Energy Holdings Ltd. ("Dunmore," "DEH," or the "Company") and its subsidiaries, including but not limited to Dunmore Trading International Ltd. ("DTI"),
II. INTERVIEW TEAM COMPOSITION AND RESPONSIBILITIES
II. INTERVIEW TEAM COMPOSITION AND RESPONSIBILITIES 2.1 Core Interview Team The following individuals comprise the core investigation team responsible for planning, conducting, and documenting witness interviews: Victoria Chambers — Responsible Partner, White Collar & Investigations Group, Washington, D.C. Office. Ms. Chambers has overall responsibility for the investigation and final authority on all protocol matter
III. THE UPJOHN WARNING — MANDATORY SCRIPT Medium
⚑ Confidentiality undertaking
III. THE UPJOHN WARNING — MANDATORY SCRIPT 3.1 Legal Basis and Importance The requirement to administer the Upjohn Warning derives from the landmark decision of the Supreme Court of the United States in Upjohn Co. v. United States, 449 U.S. 383 (1981). In Upjohn, the Court held that the attorney-client privilege extends to communications between corporate counsel and corporate employees made for the purpose of seekin
IV. PRE-INTERVIEW PREPARATION Medium
⚑ Confidentiality undertaking
IV. PRE-INTERVIEW PREPARATION 4.1 Custodian and Witness Identification A comprehensive witness list is maintained by Elena Vasquez and is updated on an ongoing basis as the investigation progresses and as new witnesses are identified through document review, prior witness interviews, or other sources. The current witness list, as of the date of this protocol, is attached as Appendix D. The list will be revised and su
1. Witness Identity and Status. Confirm the witness's full name, current title and role (
1. Witness Identity and Status. Confirm the witness's full name, current title and role (or former title and role, if separated), and current employment status (active, administrative leave, or separated from the Company).
2. Personal Counsel. Confirm whether the witness has retained personal counsel. If person
2. Personal Counsel. Confirm whether the witness has retained personal counsel. If personal counsel has been retained, confirm counsel's name, firm, and contact information; confirm that scheduling has been coordinated through personal counsel; and confirm counsel's availability and attendance at the interview.
3. Litigation Hold Acknowledgment. Confirm that the witness received and acknowledged the
3. Litigation Hold Acknowledgment. Confirm that the witness received and acknowledged the litigation hold notice issued on April 20, 2022, and the reminder notice issued on July 15, 2022. If the witness has not acknowledged the litigation hold, flag this issue for Victoria Chambers and Marcus Wellbourne.
4. Upjohn Warning Readiness. Confirm that a printed copy of the Upjohn Warning script (Ap
4. Upjohn Warning Readiness. Confirm that a printed copy of the Upjohn Warning script (Appendix A) is available for the lead interviewer to read at the interview. If this is a re-interview, confirm the date of the prior interview at which the warning was previously administered.
5. Document Binder. Confirm that Thomas Bradshaw has assembled the document binder for th
5. Document Binder. Confirm that Thomas Bradshaw has assembled the document binder for the interview and that the binder has been reviewed and approved by the lead interviewer (and by Conrad Reeves or Jasmine Thornton, if privilege-sensitive documents are included).
6. Interview Outline. Confirm that the witness-specific interview outline has been prepar
6. Interview Outline. Confirm that the witness-specific interview outline has been prepared by the lead interviewer (with input from subject-matter attorneys as appropriate) and has been circulated to the interview team.
7. Conference Room and Logistics. Confirm the conference room booking, confirm any techno
7. Conference Room and Logistics. Confirm the conference room booking, confirm any technology needs, and confirm any travel or logistical arrangements. The completed checklist should be retained in the matter file as part of the interview record for the relevant witness.
V. CONDUCT OF THE INTERVIEW Medium
⚑ Liability cap to check against exposure
V. CONDUCT OF THE INTERVIEW 5.1 Opening The interview should begin promptly at the scheduled time. The lead interviewer should welcome the witness and introduce all Calderwood & Harkness attorneys and staff present at the interview by name, role, and office location. The introduction should be professional and courteous, setting a tone of seriousness but not hostility. Following the introductions, the lead interviewe
VI. NOTE-TAKING REQUIREMENTS
VI. NOTE-TAKING REQUIREMENTS 6.1 General Principles Accurate and comprehensive contemporaneous documentation of each witness interview is essential to the integrity of the investigation, the utility of the interview record, and the protection of attorney work product. All interviews must be documented by detailed contemporaneous notes taken by the designated note-taker, who will be the second attorney present at the