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Pragmatic Selective Waiver: Re-Aligning Corporate Executives' Personal Interests With Those Of The Corporation Amidst Government Investigations, Erin M. Carter
Pragmatic Selective Waiver: Re-Aligning Corporate Executives' Personal Interests With Those Of The Corporation Amidst Government Investigations, Erin M. Carter
Vanderbilt Law Review
In the corporate setting, government investigators increasingly ask corporations to waive the attorney-client privilege as part of the "cooperation" necessary to receive incentives. In practice, however, these cooperation incentives have led to what has become known as a "culture of waiver," where waiver of the privilege in the face of investigation has become virtually essential. One way courts have sought to diminish the negative externalities of waiver is through the doctrine of selective waiver. Selective waiver allows the corporation to waive the attorney-client privilege, but only to the government agency during the course of the investigation, while still retaining the …
Conflicting Standards For Applying The Corporate Attorney-Client Privilege, Kay E. Stephenson
Conflicting Standards For Applying The Corporate Attorney-Client Privilege, Kay E. Stephenson
Vanderbilt Law Review
The attorney-client privilege protects confidential communications between client and attorney from forced disclosure.' Dating back to at least 1577, the privilege arose from the belief that it was a point of honor for the attorney to keep his client's confidences.'The modern rationale for the privilege, however, is the perceived need to encourage full and frank discussion between attorney and client by removing the fear of forced disclosure.' Thus, the privilege rests on the premise that the social benefits derived from uninhibited communication and from the attorney's access to all the facts outweigh the detrimental effects of concealing information during trial.' …