Like it or not, in-house counsel have become the foot soldiers in the government’s war on corporate crime. In today’s hyper-intensive environment of corporate scrutiny, regulators frequently expect and rely on privilege waivers of confidential attorney work product and opinion to prosecute culpable management and company employees.
As a result, the government now obtains information regarding corporate decision making processes and outcomes that was once private. Lawyers who perform or manage these investigations may now find themselves and their work product at the center of a government enforcement action and any parallel civil proceedings.
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