Being Selective: How Companies May Best Protect Privilege When Cooperating With a Government Investigation

This article explores a key consideration for companies under government investigation: whether voluntary disclosure of privileged information in an effort to obtain cooperation credit waives the privilege vis-à-vis third parties in subsequent litigation.

11 minute read December 01, 2021 at 12:05 AM
By
Jonathan B. New, Patrick T. Campbell and Francesca Rogo
Being Selective: How Companies May Best Protect Privilege When Cooperating With a Government Investigation

In the past few months, the U.S. Department of Justice (DOJ) has placed a renewed emphasis on corporate accountability.  Particularly, it has announced exacting new disclosure requirements for companies to receive cooperation credit in any government investigation.

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