The Department of Justice’s latest effort to deal with complaints about prosecutors inappropriately seeking waivers of attorney-client privilege in corporate investigations often falls short of providing meaningful protection, according to a report to a Senate committee by a former Delaware chief justice.

In a submission to the Senate Judiciary Committee, former Chief Justice E. Norman Veasey, senior partner in New York’s Weil, Gotshal & Manges, said he agreed, at the request of the Coalition to Protect the Attorney-Client Privilege, to act as a pro bono, “neutral” recipient of actual experiences by defense counsel with the so-called McNulty Memorandum, named for former Deputy Attorney General Paul McNulty, which provided new restrictions on prosecutors seeking privileged information from companies.

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