The number of corporate pretrial agreements deferred prosecution and nonprosecution agreements negotiated by the U.S. Department of Justice increased sharply from 2006 to 2007, but the number of agreements containing waivers of attorney-client privilege and work-product protection declined significantly in the same period, according to a recent study.
Updating their annual empirical review of Department of Justice corporate charging policies, Lawrence D. Finder, a Houston partner at Haynes and Boone, and Ryan D. McConnell, Assistant U.S. Attorney for the Southern District of Texas, who was not writing on behalf of the government, spotted three trends in 2007:
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