Tuesday, October 7, 2008

DAG on the New Corporate Charging Guidelines

Last week, the Deputy Attorney General, Mark Filip, discussed the new DOJ corporate charging guidelines at the Third Annual National Institute on Securities Fraud Conference sponsored by the ABA Criminal Justice Section.

During the speech, the DAG outlined the major provisions of the corporate charging guidelines dealing with waiver of the attorney-client privilege and employee legal rights. During the question and answer portion of the event, Mr. Filip said that he did not believe that federal legislation was needed to protect the attorney-client privilege and employee rights now that the Department has refined its policies. He also said that the Department continues to support separate legislation (introduced in previous Congresses but not currently pending) that would allow companies to voluntarily produce privileged materials to the government without waiving the privilege as to third parties (the so-called "selective" or "limited" waiver proposals).

The audio of the speech is available on the ABA Criminal Justice Section's website here.

No comments: