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Government White Collar Crime

Are Government Investigation Disclosures Protected Under the Common Interest Doctrine?

This article discusses whether disclosures made when a subject of a government investigation borrows money or sells all or part of its business are protected from discovery on the basis of the attorney-client privilege and pursuant to the common interest doctrine.


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White-collar defense attorneys are commonly engaged to represent companies in government investigations. While such investigations are pending, corporate clients still pursue the usual range of business transactions, including buying or selling a business or borrowing money from a bank or other lender. If a subject of an investigation seeks to borrow money or sell all or part of its business, the lender or buyer will almost certainly seek disclosure of material legal risks, and white-collar defense counsel for the borrower or seller may be called upon by a corporate client to describe an ongoing investigation and give an assessment of its merits.

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