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| Title: | The Future of the Attorney-Client Privilege in Corporate Criminal Investigations |
| Authors: | Schipani, Cindy A. |
| Keywords: | corporations
attorney-client priviledge
Department of Justice Guidelines
Organizational Sentencing Guidelines
waiver of attorney-client priviledge
deferred prosecution agreements1 |
| Issue Date: | Jul-2009 |
| Abstract: | This manuscript 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. |
| Other Identifiers: | 1131 |
| Classification: | Law, History, Communication |
| Appears in Collections: | Ross School of Business - Working Papers Series
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Size | Format | |
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| 1131_CSchipani.pdf | | 330Kb | Adobe PDF | View/Open |
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