Privilege Newsletter: Investigations - Cooperating With The Government Without Waiving Privilege

On November 17, Partner Terri Mascherin will deliver this year’s Pope & John Lecture on Professionalism at Northwestern Pritzker School of Law. Her talk, entitled “Can We Be Civil in Uncivil Times?”, will begin at 12:15 pm CT.

On 4 November 2026, the United Kingdom (UK) Department for Business, Innovation, Science and Trade confirmed in a written ministerial statement (the “Statement”) that the Government will legislate for a mandatory human rights due diligence regime—the most significant shift in UK supply chain law since the Modern Slavery Act 20151. Whereas the Modern Slavery Act requires companies to disclose their processes to address modern slavery risk, the new regime will require them to actively identify, as

London-based Partner Lucy Blake spoke with Law360 UK, POLITICO Pro, and Forward Law Review about the UK government’s announcement that it will introduce mandatory human rights due diligence for large businesses, including a new power to remove goods made with forced labor from the market. The regime would apply to UK businesses with global turnover of more than £350 million and to non-UK businesses with more than £350 million in UK turnover.

On November 10, 2026, the California Privacy Protection Agency (CalPrivacy) announced a $2.975 million settlement with FedEx for alleged California Consumer Privacy Act (CCPA) violations. FedEx, the global transportation company that delivers millions of packages daily, allegedly shared personal information about website visitors with third parties for cross-context behavioral advertising without 1) disclosing that it sold or shared consumer personal information; 2) informing consumers of their

Special Counsel David Manners-Weber was recently cited in a New York Times article examining how recent Supreme Court rulings may hinder the investigations lawmakers are expected to pursue when the new Congress convenes in January.

On November 12, Jenner & Block Partner Ambassador Keith Harper will deliver the 17th Annual William C. Canby Jr. Lecture at Arizona State University’s Sandra Day O’Connor College of Law. His lecture, titled “After Brackeen, How Plenary Is Congressional Authority in Indian Affairs,” will examine the scope and limits of Congress’s authority to legislate in Indian affairs.

Partners Rachel Alpert and Rob Dalling will each moderate a panel at the Global Economics Sanctions Conference in London from November 12 to 13.

In October, Jenner & Block’s London office hosted “Returning Together, Returning with Confidence,” a session for lawyers who have recently returned from, or are preparing to return from, parental leave.

Forbes has named Partner Alison Stein to its inaugural list of America’s Top Lawyers for AI, which recognizes the leading artificial intelligence practitioners in the country for their reputation, influence on the AI legal landscape, practice impact, and thought leadership.

Most of the attention after the November 3 elections has gone to the Democrats’ sweeping victories in US Senate and US House races, where Democrats will hold both chambers of Congress with significant majorities. But another important story has greater implications for tech policy and regulation in 2027: Democrats’ control of state legislatures. While results will continue to roll in as votes are counted in the coming days and weeks, Democrats flipped at least one legislative chamber in at least

Lawyers Without Borders (LWOB) highlighted Jenner & Block’s pro bono work with Hitachi Energy’s in-house legal team to help artists, musicians, and digital creators in Kibera, Kenya, protect their intellectual property (IP).

The 2026 midterms have reshaped the balance of power in Washington and across the United States. In Congress, the incoming Democratic majorities in both chambers will install new committee chairs and set their own investigative agendas. In state capitals, newly elected governors and legislators will be eager to pass new laws regulating a wide array of industries, and newly elected attorneys general will no doubt be ready to use longstanding and newly-created enforcement mechanisms to carry out t

Voters across the country made their voices heard at the polls on Tuesday. Democrats have won the House, and their stated priorities of investigating allegations of corruption and the causes of affordability challenges will take center stage in the next Congress. 

Voters across the country made their voices heard at the polls on Tuesday—and did so resoundingly. In addition to taking control of the House, Democrats overcame a challenging map and won a majority in the Senate, including in some states once unthinkable. Senate Democrats’ stated priorities of investigating allegations of corruption and the causes of affordability challenges will likely take center stage. The Democratic-led Senate will also be in a position to exert leverage on President Trump’