Lawyers Fear a DOJ 'Culture of Waiver'

Corporate investigations rely too often on waiving privilege, attorneys say

, The National Law Journal

A survey of 1,400 in-house and outside counsel by a coalition of business and legal organizations reports that nearly 75 percent of respondents believe that federal agencies expect a company under investigation to waive legal privileges. Of respondents confirming an investigation in the past five years, 55 percent of outside counsel and 27 percent of in-house counsel said the privilege waiver was requested -- directly or indirectly. But the Justice Department maintains that waivers are not the norm.

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