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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Bill Steinman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

Search Results for: label/Attorney-Client Privilege

Protecting The Privilege

[…] Blog (here) said the bill: Prohibits federal prosecutors and investigators across the executive branch from requesting or conditioning charging decisions on an organization’s reasonable assertion of attorney-client privilege or decision to pay attorneys fees for an employee. This bill emphasizes that the right to counsel is chilled unless the confidential communications between attorneys and […]

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The DOJ Contra Mundum

[…] Attorney’s Manual says everyone was wrong. It says the DOJ never required corporations to give up their rights. It argues, with a straight face, that since the privilege belongs to the company, only the company can choose to give it up. So every waiver is therefore voluntary. Getting back to business, the DOJ pays […]

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Goodbye To Waivers? Not So Fast . . .

[…] How does the government measure cooperation? One way has been to look at whether the target agreed to spill the beans on employees by waiving the attorney-client privilege. The Justice Department claims it has never forcibly stripped an organization of the privilege. That’s technically true. As a matter of law only the holder of […]

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Bill Steinman: Remember the privilege and keep it sacred

Lawyers: As a group, we think we’re pretty special. Servants of the law and all that. But in truth, there’s really only one thing that sets us apart from other professionals: the attorney-client privilege (yes, yes, we can also represent others in court, but that’s not the point of this post). 

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Extend the privilege to compliance officers

The privilege is there to protect the privacy of our most important conversations. It’s a rule of evidence that excludes certain private statements from being used in legal, regulatory, or administrative proceedings.

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Coercive, Abusive and Unconstitutional — For Starters

[…] — 33 former United States Attorneys. A letter they sent to Senator Patrick Leahy (D.,VT), chair of the Judiciary Committee, asked him to support the proposed Attorney-Client Privilege Protection Act known as S. 186. The bill’s purpose is to stop the Justice Department’s practice of pressuring companies to waive the attorney-client privilege. Forcibly stripping […]

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