A recent change in federal law enforcement policy governing federal criminal investigations of corporate crime has corporations and their lawyers wondering whether it will effect a real difference in practice. The question that remains to be answered is whether the practice of demanding waivers of privilege and pressuring companies not to advance attorneys' fees to employees has become so entrench in white-collar practice that, in order to curry favor with prosecutors, corporations will "willingly" offer them without a request.
Discusses ACC's success in advocating for protection of the attorney client privilege.
Are you thinking about bypassing the expensive privilege log by getting the other sie to agree to a clawback or a "quick peak?" Before you make any agreements, make sure you know about the risks!
When it comes to litigation challenges facing the multinational
financial institution, the most appropriate metaphor is playing
tennis without knowing where the chalk lines are on the court.
When corporate abuses or illegal actions force an internal investigation of a senior staff person, your number one priority is to act promptly. Learn more about whistleblowing, the pathway to a successful investigation, and attorney-client privilege and you can limit your company's liability.
The last three board meetings were ugly, but at least that maverick director is gone. He was nothing but trouble, always challenging management and questioning my legal advice. What? He has filed suit to enjoin the proposed acquisition, and he wants immediate discovery of my legal advice to the board? Preposterous! That's privileged, and he is not the privilege holder, the corporation is. He's out of luck. Or is he?
I am happy to report that there have been some exciting developments recently in the advocacy area. Last year, ACC conducted a survey of its membership documenting corporate clients’ experience with privilege erosion, which indicated that this was growing into a major problem. The US Sentencing Commission (USSC), concerned by these initial results, asked ACC to delve deeper into the issue. So in January, ACC conducted a second survey that confirmed a widespread “culture of waiver” within government prosecutorial and enforcement contexts.
Recent developments have caused an increase in the frequency of internal investigations of noncompliance complaints. Sarbanes-Oxley and its progeny, the revisions to the Federal Sentencing Guidelines, and best practices regarding human resources claims all involve anonymous claims reporting systems of some kind. How does your company handle it?
Read John Villa's article for tips on the rules, the substance of the corporate Miranda warning and the risks associated with giving it.
In this ACC guide, explore suggestions on assisting your legal and non-legal staff in their efforts to protect the company's attorney-client and work product privileges under US law. Learn about attorney-client privilege, attorney work-product privilege, the US Sarbanes-Oxley Act, and general tips.