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

44 Pages Posted: 9 Nov 2009  

Cindy A. Schipani

University of Michigan, Stephen M. Ross School of Business

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Date Written: November 9, 2009

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.

Keywords: Delaware, Journal, Corporate, Law, DJCL, Department of Justice, DOJ, attorney-client privilege, attorney, client, privilege, prosecution, waiver, waive

Suggested Citation

Schipani, Cindy A., The Future of the Attorney-Client Privilege in Corporate Criminal Investigations (November 9, 2009). Delaware Journal of Corporate Law (DJCL), Vol. 34, No. 3, 2009. Available at SSRN: https://ssrn.com/abstract=1503104

Cindy A. Schipani (Contact Author)

University of Michigan, Stephen M. Ross School of Business ( email )

701 Tappan Street
Ann Arbor, MI 48109
United States
(734) 763-2257 (Phone)
(734) 763-2257 (Fax)

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