While safeguarding the company’s attorney-client privilege usually is one of counsel’s highest priorities in a government investigation, there are times that intentionally waiving the privilege may be advantageous. The reasons for contemplating a waiver of privileged information vary. For instance, asserting the affirmative defense of reliance on advice of counsel, which may negate intent in civil and criminal actions, generally requires disclosure of attorney-client communication. See In re Grand Jury Proceedings, 219 F.3d. 175, 182 (2d Cir. 2000) (discussing the waiver required in an advice-of-counsel defense). Sharing an internal investigation into alleged wrong-doing with the government also requires some disclosure of privileged communication.
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