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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. While the DOJ does not require the disclosure of privileged materials for cooperation credit, and will not explicitly ask for a waiver, there is often a tension as to where companies may draw the line.
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. Given the prevalence of follow-on civil litigation for certain types of investigations, the ability to preserve the privilege under the "selective waiver doctrine" may be of critical importance. This article analyzes various views on the selective waiver doctrine by federal courts in different jurisdictions and offers best practices for cooperating with the government in a manner that best protects the privilege.
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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.
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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.