Reconsidering the Corporate Attorney-Client Privilege: A Response to the Compelled-Voluntary Waiver Paradox

“[T]he [corporate] attorney-client privilege is under attack today as never before.” “Privileged information used to belong to the client; now it apparently belongs to the government.” “[T]he extent of the erosion of privilege protections and the level of concern about that erosion suggest that the system may be nearing a turning point—a point at which the continued viability of the privilege is at risk.” “The sound you hear coming from the corridors of the Department of Justice is a requiem marking the death of privilege in corporate criminal investigations.”

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