Emerging Issues with Corporate Privilege Waivers Program

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.