McNulty Memo & Attorney Client Privilege

Cooperating without Capitulating in Government Investigations

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, March 22, 2007

Program Materials

Description

U.S. Deputy Attorney General Paul McNulty revised the DOJ guidelines on white-collar prosecution in his Dec. 12 memo that was initially hailed as welcome relief from the oft-criticized Thompson Memo. However, federal prosecutors retain powerful leverage over corporations under criminal investigation.

Is more change is on the horizon? A federal rules reform committee proposed a change to FRE Rule 502 to codify a limited waiver of the attorney-client privilege. Congress is considering a bill to ban federal prosecutors from requiring companies under investigation to waive their attorney-client and work product privileges.

Listen as our panel of legal specialists analyzes the McNulty memo, the DOJ’s evolving principles for white-collar prosecutions, and best practices for corporations to protect privileged information, while cooperating with government investigations.

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Benefits

The panel will review these and other key questions:

  • What are the current overarching principles guiding federal prosecutors investigating corporations and corporate officers?
  • How does the McNulty Memo change the modus operandi for federal prosecutors?
  • How do changes in DOJ policy impact the corporate internal investigations and defending government enforcement actions?
  • What are the best practices for corporations under government investigations subject to the McNulty guidelines?

Faculty

William M. Sullivan, Jr.
William M. Sullivan, Jr.
Partner
Winston & Strawn

He concentrates in corporate internal investigations, trial practice, and white-collar criminal defense, as well as...  |  Read More

Kevin M. King
Kevin M. King
Partner
Winston & Strawn

He concentrates his practice in corporate internal investigations and white-collar criminal defense matters. He...  |  Read More

Susan Hackett
Susan Hackett
Senior Vice President and General Counsel
Association of Corporate Counsel

He focuses on in-house corporate responsibility initiatives and post-Enron-related attorney conduct regulations,...  |  Read More