The Association of Corporate Counsel celebrated two important developments last month in the protection of attorney-client privilege and other rights of defendants in government investigations.
On Aug. 28, the 2nd U.S. Circuit Court of Appeals in New York supported the rights of corporate defendants to have unfettered access to counsel in a ruling on U.S. v. Stein, in which tax-shelter fraud charges against former KPMG partners had been dismissed because prosecutors had pressed the accounting firm to fire the defendants and cut off their legal fees. Later on Aug. 28, the U.S. Department of Justice issued new corporate prosecution guidelines that support the attorney-client privilege.
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