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The Fifth Amendment, Vicarious Liability, and the Attorney-Client Privilege
Waiver of the attorney-client privilege by corporations “cooperating” with the government during investigations of alleged misconduct has become an issue of increasing concern within the legal community. Current U.S. Department of Justice policy, as set forth in a document entitled “Principles of Federal Prosecution of Business Organizations” (dated Jan. 20, 2003, and found at www.usdoj.gov/dag/cftf/corporate_guidelines.htm.), sets forth a number of factors that federal prosecutors should consider when contemplating whether or not to criminally charge a corporation. It clearly states that “[g]enerally, prosecutors should apply the same factors in determining whether to charge a corporation as they do with respect to individuals.” This policy statement goes on, however, to note that “due to the nature of the corporate 'person,' some additional factors are present,” including “[t]he corporation's timely and voluntary disclosure of wrongdoing and its willingness to cooperate in the investigation of its agents, including, if necessary, the waiver of the corporate attorney-client privilege and work-product protection.”
The policy statement discusses at great length why a waiver may be necessary. For instance, it states that “a corporation's cooperation may be critical in identifying the culprits and locating relevant evidence.” It further points out, “[i]n some circumstances, therefore, granting a corporation immunity or amnesty or pretrial diversion may be considered in the course of the government's investigation.” Importantly, while the Memo states that waiver of the privilege is not required, it may be necessary in “appropriate circumstances.”
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.