What does the “Upjohn warning” procedure entail?

The "Upjohn warning" procedure specifically involves explaining the attorney-client privilege to employees during interviews or discussions related to an investigation. This warning is crucial because it helps mitigate the risk that the information disclosed by employees could be used against them in a legal context. When employees understand that the conversation is confidential and protected under attorney-client privilege, they are more likely to provide candid responses, which can aid in thorough and effective compliance investigations.

By informing employees about their rights regarding confidentiality, organizations create an environment that encourages openness while still adhering to legal protections. This not only facilitates the collection of accurate information during compliance reviews but also safeguards the organization itself from potential legal pitfalls that could arise from misunderstandings of privilege.