DOJ Cooperation Standards Revised: Attorney–Client Privilege Remains at Risk
Cooperating Without Capitulating in Government Investigations
Filip Issues Revisions in Response to Congressional Pressure
Recording of a 90-minute CLE webinar with Q&A
- Principles of federal prosecution of corporations
- How did we get here?
- Factors considered in charging corporations
- Outlined changes to the McNulty memo
- What does it do?
- What does it not do?
- Impact of the change in DOJ policy
- On defense of government enforcement actions
- On internal investigations
- On negotiations with the DOJ and other regulators
- Best practices
- Dealing with the indemnification and advancement of attorneys’ fees post-McNulty memo
- Evaluating waiver requests
- Understanding the facts
The panel reviewed these and other key questions:
- What are the current overarching principles guiding federal prosecutors during investigations of corporations and corporate officers?
- How will the changes in DOJ policy impact corporate internal investigations and defense of government enforcement actions?
- What are the best practices for corporations involved in government investigations that are subject to the revised cooperation and charging guidelines?
Stuart M. Altman
Hogan & Hartson
He focuses on white collar criminal investigations and defense, including representing clients in securities... | Read More
He focuses on white collar criminal investigations and defense, including representing clients in securities enforcement proceedings and conducting internal investigations, and corporate governance. He has extensive experience representing business entities and individuals in criminal investigations and prosecutions and conducts internal investigations for companies facing potential liability.Close
William M. Sullivan, Jr.
Winston & Strawn
He concentrates in corporate internal investigations, trial practice, and white-collar criminal defense, as well as... | Read More
He concentrates in corporate internal investigations, trial practice, and white-collar criminal defense, as well as complex civil litigation and securities enforcement and other regulatory actions. He has substantial experience representing both companies and individuals in government and corporate investigations.Close
Kevin M. King
Winston & Strawn
He concentrates his practice in corporate internal investigations and white-collar criminal defense matters. He... | Read More
He concentrates his practice in corporate internal investigations and white-collar criminal defense matters. He advises on FCPA, U.S. export control laws and regulation compliance and trade sanctions. He has extensive experience managing internal investigations and the practical implications of such investigations for the attorney-client privilege and the attorney work product doctrine.Close
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