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Emerging Issues with Corporate Privilege Waivers Program

Event | 04.17.07, 12:00 AM UTC - 12:00 AM UTC

On December 7, 2006, Senate Judiciary Committee Chairman Arlen Specter introduced The Attorney-Client Privilege Protection Act of 2006. The bill would prohibit federal prosecutors from seeking corporate waivers of attorney-client privilege in return for leniency in prosecutions, or from considering such waivers in making charging decisions, and protect employee rights in corporate investigations, overriding provisions of the so-called Thompson Memorandum of 2003, written by then-Deputy Attorney General Larry Thompson. On December 12, 2006, Deputy Attorney General Paul J. McNulty issued a new memorandum, revising DOJ guidelines for prosecuting corporate fraud. The new guidelines create new approval requirements for federal prosecutors before they can request waivers of attorney/client privilege and work product protections. This panel will discuss the new legislation and the new DOJ memorandum, and examine the current state of corporate waivers of attorney-client privilege when dealing with the Government. The panel will also discuss the December 12, 2006 memorandum's provisions regarding the advancement of attorney's fees.

Tom Hanusik is the moderator at this event, which will be held at Crowell & Moring.

For more information, please visit these areas: White Collar and Regulatory Enforcement

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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