Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume
Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume
Don R Berthiaume
How can corporations provide “just the facts” — which are, in fact, not privileged — without waiving the attorney client privilege and work product protection? This article argues for an addition to the Federal Rules of Criminal Procedure based upon Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf … about information known or reasonably available to the organization.”[6] Why should we look to Fed. …
Broken Principle: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume
Broken Principle: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume
Don R Berthiaume
How can corporations cooperate in white collar criminal investigations by providing “just the facts” without waiving the attorney client privilege and work product protection? This article provides a unique solution to this vexing problem. This article argues that Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf... about information known or reasonably available to the organization,” provides a template for the creation of a similar …