January 2006

Jeffrey Hallam writes “Concern About Waiver of Attorney-Client Privileges” for International Law Office


There is growing concern in the United States with regard to the erosion of company attorney-client and attorney work product privileges. These privileges protect the confidentiality of attorney communications and work papers from court-compelled disclosure in court or otherwise to third parties. Company counsel for multinational entities conducting business in the United States with clients facing actual or possible federal government investigations should be aware of the problems that companies may encounter with respect to preserving these privileges during a federal investigation.