The McNulty memo, issued last month by Deputy U.S. Attorney General Paul McNulty as a revision of Justice Department guidelines for corporate attorney-client privilege waivers, seems to be garnering as much criticism as its predecessor. Critics say it merely recasts the former policy into a "don't ask, don't tell" version with little change in the pressures on companies. McNulty says he supports the idea of limited waivers, but the new Congress may not be satisfied with less than a ban on waiver demands.
January 26, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Revision of the Justice Department’s much maligned guidelines for seeking corporate waivers of attorney-client privilege in white-collar investigations has been likened to a “don’t ask, don’t tell” policy that will drive prosecution waiver demands underground.
And few believe that what has been dubbed the McNulty memorandum, issued on Dec. 12 by Deputy U.S. Attorney General Paul McNulty, will resolve the simmering anger among corporate counsel over what has been called a “culture of waiver.”
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