Clear skies at last! To a defense bar longing for reprieve from the onslaught of aggressive enforcement tactics in the post-Enron years, the December 2006 announcement of the Justice Department policy shift in the McNulty memo seemed ample cause for celebration.
Justice appeared to retreat from demands for such corporate concessions as waivers of attorney-client privilege and work-product protections. Many hoped that we could enjoy a return to normalcy in white-collar investigations and prosecutions.
