Beyond actually establishing an effective compliance program, a company must be able to prove that it has done so. In light of the skeptical view that prosecutors, regulators, judges, and juries often have of corporations suspected or accused of wrongdoing, this task can be of critical importance in an investigation or legal or regulatory proceeding. Additionally, effective documentation can be important to such Compliance & Ethics program elements as auditing and assessment and oversight by management and the board. We have considerable experience in helping companies document their program efforts and avoid creating materials that could pose unnecessary risk in the event of litigation. We also provide advice on application of the legal privileges to certain aspects of the Compliance & Ethics program.