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Commercial Law General Counsel and In House Counsel Litigation Products Liability

Protecting Counsel Privilege in a Post-Yates Memo World

Part One of a Two-Part Article

While the Yates Memo makes no formal changes to the DOJ’s position on privilege with respect to cooperation credit for businesses, its practical implications could be far-reaching.

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Internal investigations have always posed vexing issues for in-house counsel. Investigations arise in many different ways. They can involve relatively small, to bet-the-company risks. In-house counsel need to make difficult decisions on matters such as scope and purpose of the investigation, who will conduct the investigation, how costs will be controlled, and the work product that they will generate.

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