The 'McNulty Memo': Real Change, or Retreat?

The McNulty memorandum, issued by Deputy U.S. Attorney General Paul McNulty last week, revises the controversial Thompson memorandum, which was widely criticized as creating a culture in which prosecutors routinely demanded waiver of the attorney-client and work-product privileges as evidence of cooperation with an investigation. Now the key question, according to white-collar criminal defense lawyers, is: Are the guidelines meaningful change or strategic retreat?

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