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Business Crimes BulletinLJN NewslettersNewsSections

Cooperation, Confidentiality and Waiver: Is There a Solution?

By Howard W. Goldstein
February 06, 2004

Much has been written, in this newsletter and elsewhere, about the dilemma faced by corporations that want to cooperate with a government investigation by acceding to government “requests” for information protected by the attorney-client and work product privileges, while at the same time attempting to protect the otherwise privileged information from disclosure to the litigious world at large. Recent turf battles between federal and state prosecutors and regulators have only made more difficult any attempt to resolve the tension between two perceived needs: to cooperate, and to preserve confidentiality.

A 'State of Hopeless Confusion'

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