Business Coalition Wins Big on Thorny Waiver Issue

Language encouraging waiver of privilege for leniency is deleted

, The National Law Journal

An unusual coalition of business, civil rights and bar organizations scored a victory last week when the U.S. Sentencing Commission voted unanimously to delete language in the sentencing guidelines that encouraged prosecutors to require waivers of the attorney-client privilege and work-product protections in order for corporations to qualify for leniency in sentencing. The proposed amendments will go to Congress by May 1 and will take effect on Nov. 1 unless Congress modifies or rejects them.

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