Topic: Privilege

DOJ prosecution tainted by privilege violations, former AGs tell appeals court

“The government in this case eviscerated the defendant’s attorney-client privilege and work-product protection,” former senior DOJ officials told the Eleventh Circuit in a healthcare fraud appeal. “Dismissal is the only remedy that can fix these pervasive violations.”

14 September 2020

DOJ moves to shore up privilege review practices

The DOJ sent guidance on conducting privilege reviews to prosecution offices across the country following a series of problematic court rulings. The move follows recent efforts by some DOJ units to reform their use of filter teams.

10 September 2020

SEC takes strong stance on remote testimony

For witnesses in potential jeopardy, speaking with the SEC on a video call can be especially daunting. GIR spoke to lawyers and an SEC official about how to navigate testimony now that remote interviews are here to stay.

20 August 2020

Defence lawyers view new Special Matters Unit as a chance to shape privilege policy

Defence lawyers said the new specialised privilege unit will allow them to have a greater influence on privilege-related policy in the Fraud Section.

21 July 2020

Third-party privilege reviews could solve an enduring problem at the DOJ

Orrick Herrington & Sutcliffe’s Guy Singer, Matt Moses and Dina Rezvani argue that the DOJ’s new Special Matters Unit lacks the independence to adequately resolve privilege problems in white-collar cases. They present an alternative solution.

17 July 2020

French bar adopts internal investigations guidelines

Featured in Investigator's Guide to France

Lawyers say that recent guidance on internal investigations approved by France’s National Bar Council illustrates the modernisation of the country’s anti-corruption system.

07 July 2020

FCPA prosecutor picked to lead new privilege unit

The Criminal Division’s fraud section has picked a department veteran to lead the newly formed Special Matters Unit.

17 June 2020

Courts wise up to privilege defence in consultancy report disclosure battles

Capital One has filed an objection to a 26 May ruling that a cybersecurity report into a 2019 data breach is not protected by work product doctrine, arguing that litigation was the “driving force” behind the document

10 June 2020

Walmart cites privilege protection in retaliation lawsuit

Walmart brought up attorney client privilege as a reason to seal or dismiss its former lawyer’s wrongful termination lawsuit.

05 June 2020

Fraud Section to create new privilege unit

The unit will primarily handle privilege-related issues following complaints from defence counsel that prosecutors tainted cases during search and seizures.

13 May 2020

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