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Jan 1
Department Of Justice (DOJ) Revises Policy on Attorney-Client Privilege
Linda Chan January 1, 2007
Know More: Government investigations 2.0, Government investigations

The following is not meant to be legal advice.

 

 

On December 12, 2006, the Department of Justice (DOJ) announced new guidelines for federal prosecutors to follow in charging business organizations. The guidelines change the circumstances under which the government may demand a waiver of the attorney-client privilege and work product protections from a company subject to a criminal investigation.

 

 

The DOJ policy comes after a recent decision in United States v. Stein, 435 F. Supp. 2d 330 (S.D.N.Y. 2006), also known as the KPMG tax shelter case.  The case held that the DOJ’s then-existing guidelines for the prosecution of business organizations, (set forth in the so-called "Thompson Memorandum") were unconstitutional.

 

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