The federal government engages in certain tactics to reduce the effort associated with white-collar criminal litigation. Among the most criticized are the government’s efforts to pressure corporations to waive the attorney-client privilege or work-product protection.
Internet content and related metadata (i.e., data about data) has ameliorated or eliminated the necessity for corporations to waive the corporate attorney-client privilege in white-collar criminal litigation. Such disclosures provide a verifiable source of information detailing what the corporation knew when, and the timing and nature of related response and behavior, as an alternative to privileged information.
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