Handling Requests to Waive Privilege

Mayer Brown LLP and ALM Events are pleased to announce the launch of In Focus: A Corporate Litigation Web Series. This complimentary monthly web series will examine various litigation issues facing in-house counsel and business executives. Our first event, Handling Requests to Waive Privilege, will be held on Wednesday, July 16.

In response to complaints of prosecutorial abuse in corporate investigations, the US Department of Justice (DOJ) published the revised "Principles of Federal Prosecution of Business Organizations," commonly referred to as the McNulty Memorandum, in December 2006. Despite the stated goal of the McNulty Memorandum to modify the Thompson Memorandum and narrow the circumstances in which the DOJ can demand corporate waiver of attorney-client and work product privileges, corporations are still being asked to make the difficult decision to waive attorney-client and attorney work product privileges in DOJ investigations. Corporations still face the practical problem that refusal to waive privilege in an investigation is seen by prosecutors as a sign of no-cooperation.

Please join Tony Alexis, who recently joined Mayer Brown after 13 years as an AUSA in the District of Columbia; Tom Durkin, a former AUSA in the Northern District of Illinois; and David DeVeau, Deputy General Counsel and Vice President of Kinder Morgan Energy Partners, L.P. for a webinar discussion on the following topics:

  • Best practices for in-house lawyers
  • Interaction with outside counsel during a DOJ investigation
  • Negotiating with DOJ investigators and lawyers
  • DOJ review process for seeking corporate waivers
  • What does "legitimate need" mean when the DOJ seeks a formal waiver?
  • Legislative update: Attorney Client Privilege Protection Act
  • Wednesday, July 16, 2008
    12:30 - 1:30 p.m. Eastern


    For additional information, please visit www.law.com/infocus or contact Tahisha Cunningham at tcunningham@mayerbrown.com or +1 202 263 3019.