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Business Crimes BulletinFeaturesCommercial LawGeneral Counsel and In House CounselWhite Collar Crime

Post-<i>Yates</i> Privilege Protection for In-House Counsel

By Ty E. Howard and Todd Presnell

Part Two of a Two-Part Article

Editor's note: In last month's newsletter, the authors put forward the proposition that attorney-client privilege issues, which can arise during internal investigations, have become even more complicated following the issuance of the Department of Justice's (DOJ) “Yates Memorandum.” The memo, which takes its name from Deputy Attorney General Sally Yates, is an update to the DOJ's Principles of Federal Prosecution of Business Organization, found within the United States Attorney's Manual (USAM). To set the stage, the authors went back 17 years to review the history of DOJ policy announcements concerning the prosecution of business organizations, from 1999's Holder Memo through to the 2008's Filip Memo. They conclude their discussion herein.

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