Alerts

DOJ Issues New Corporate Prosecution Guidelines, Modifying Approach to Privilege Waivers and Advancement of Legal Fees

December 19, 2006

Last week, the U.S. Department of Justice (“DOJ”) issued revised guidelines governing federal corporate prosecutions. The revised guidelines alter DOJ’s approach to two highly controversial issues that frequently arise in white-collar investigations and prosecutions: (i) government requests for corporations to waive the attorney-client privilege and work product protection and (ii) government disapproval of companies’ decisions to advance legal fees to its employees who are under investigation or indictment.