X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The attorney-client privilege is sacrosanct in our criminal-justice process. Its confidentiality protections are fundamental to effective representation. Yet in recent years, the attorney-client privilege and government demands for its waiver have become a controversial topic affecting companies seeking the benefits of cooperation in criminal investigations. Both the courts and Congress have struggled to determine what actions constitute a waiver of the privilege and to what extent. Meanwhile, corporations have had to balance the benefits of disclosing privileged information to government investigators against the risk of dramatic adverse consequences in parallel litigation and investigations.

Throughout this debate, the “selective-waiver doctrine” has been trumpeted by some as a compromise solution, although it has been rejected by U.S. courts. While a July 2008 California state court decision and proposed changes to the Federal Rules of Evidence each had the potential to give the doctrine new vitality, neither was ultimately successful. Nonetheless, they may be a signal of renewed interest in the doctrine.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.