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Internet Content Changes White-Collar Criminal Litigation Tactics

By Jonathan Bick

The federal government engages in certain tactics to reduce the effort associated with white-collar criminal litigation. Among the most criticized are the government's efforts to pressure corporations to waive the attorney-client privilege or work-product protection.

Internet content and related metadata has ameliorated or eliminated the necessity for corporations to waive the corporate attorney-client privilege in white-collar criminal litigation. Such disclosures provide a verifiable source of information as an alternative to privileged information, detailing what the corporation knew and when, and the timing and nature of related response and behavior.

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