"After McNulty: Changes in the Attorney-Client Privilege and Investigations"

Thursday, March 8, 2007

2:00 - 3:00 pm, eastern [archive and transcript to follow]
 

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Now that the Department of Justice has issued the long-awaited McNulty memo – providing prosecutors with a revised set of corporate fraud charging guidelines, including new policies on waiver of the attorney-client privilege and the advancement of attorney’s fees to employees under investigation - the processes of government and internal investigations are changing dramatically. The McNulty memo followed a number of other developments in this area, including the judicial decision in the KPMG prosecution, Congressional hearings and the recent introduction of legislation to establish a "selective waiver" privilege. Join these experts:

• David Becker, Partner, Cleary Gottlieb Steen & Hamilton LLP and former SEC General Counsel
• Keith Bishop, Partner, Buchalter Nemer LLP
• Joseph Burby, Partner, Powell Goldstein LLP
• Christian Mixter, Partner, Morgan Lewis & Bockius LLP
• Peter Moser, Partner, DLA Piper LLP and Member of the ABA Task Force on Attorney Client Privilege

Among the topics to be discussed are:

• What DOJ policies were changed by the McNulty memo?
• How are these changes likely to affect internal investigations and the defense of government enforcement actions?
• How might negotiations with the DOJ and other regulators differ after McNulty?
• How should companies handle the advancement of attorney’s fees in the wake of McNulty?

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