Selective Waiver In The Second Circuit -- Is It Dead, Or Just Dying?
December 11, 2013 | The Insider: White Collar Defense and Securities Enforcement
When the government launches an investigation of a company, senior management typically calls for an internal investigation of the facts and tries to cooperate by sharing with the government the information that is gathered. At the same time, management wants to avoid producing that information, which is ordinarily protected by attorney-client privilege, in litigation brought by private claimants. That is, the company seeks to make a “selective waiver” of the privilege. […]