When an Executive’s Defense May Waive Company Privilege

February 10, 2026  |  New York Law Journal

When an executive seeks to defend charges by asserting lack of criminal intent because the company’s counsel was involved in aspects of the transactions at issue, the executive may confront the claim that he or she is waiving the company’s attorney-client privilege. A recent First Circuit decision, United States v. SpineFrontier, provides useful guidance on how an executive may tailor such defense to seek to avoid waiver, and may also offer a counter to some judicial decisions that are generally skeptical of the “involvement of counsel” defense. In their latest New York Law Journal column, Morvillo Abramowitz Grand Iason & Anello partners Robert J. Anello and Richard F. Albert discuss the implications of SpineFrontier.

When an Executive’s Defense May Waive Company Privilege