Navigating White Collar Attorney-Client Privilege Waivers

By Edward Imperatore (June 21, 2022, 5:50 p.m. EDT) — Counsel defenses and waivers of solicitor-client privilege are increasingly at the center of defense strategy in complex cases involving allegations of corporate fraud.

Among the critical decisions facing a business or individual under criminal investigation is whether to advance such a defense and therefore waive privilege over solicitor- customer. Individuals and businesses must also consider the optimal time to raise such a defense, including whether to do so before the government makes a charging decision.

Two related trends have developed: first, individuals and businesses are increasingly offering good faith defenses based on communications with attorneys that go beyond an attorney’s opinion…

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