The Future of the Attorney-Client Privilege in Corporate Criminal Investigations

Citation data:

Delaware Journal of Corporate Law (DJCL), Vol. 34, No. 3, 2009

Publication Year:
2009
Usage 1330
Abstract Views 1137
Downloads 193
Captures 2
Exports-Saves 1
Readers 1
Citations 1
Citation Indexes 1
Ratings
SSRN
SSRN Id:
1503104
Author(s):
Cindy A. Schipani
Tags:
Delaware; Journal; Corporate; Law; DJCL; Department of Justice; DOJ; attorney-client privilege; attorney; client; privilege; prosecution; waiver; waive
paper description
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.