DOJ Alters Policy on Waiver of Privilege and Advancement of Legal Fees

On December 13, 2006, the New York office authored an alert memorandum entitled, “DOJ Alters Policy on Waiver of Privilege and Advancement of Legal Fees.” The alert memo discusses the revised guidelines issued by the Department of Justice for federal prosecutors to use in determining whether to prosecute a corporation. The revised guidelines significantly alter prior DOJ policies concerning the waiver of the corporate attorney-client privilege and work product protections, and the advancement of legal fees to employees. The alert memo briefly summarizes the key points of the revised guidelines.