Saturday, November 28, 2009
Cindy A. Schipani (University of Michigan - Stephen M. Ross School of Business) has posted The Future of the Attorney-Client Privilege in Corporate Criminal Investigations (Delaware Journal of Corporate Law (DJCL), Vol. 34, No. 3, 2009) on SSRN. Here is the abstract:
This article discusses how the Department of Justice (DOJ) has viewed waiver of the attorney-client privilege as an important factor evidencing cooperation when determining whether to enter non-prosecution or deferred prosecution agreements with firms allegedly involved in criminal activities. It further discusses recent changes to the DOJ's guidelines, purporting to take waiver out of the equation in deciding whether to prosecute. Questions remain as to whether the corporate attorney-client privilege is a relic of the past or whether the new guidelines, issued in August 2008, have indeed restored the privilege to firms under federal investigation.