Preview of Member Only Content
For full access: or Become a Member
Corporate counsel as government's agent: The holder memorandum and Sarbanes- Oxley Section 307
By Robert A. Del Giorno
In recent years, the government has been chipping away at the
corporation’s attorney-client privilege. In 1999, this trend continued
when then-Deputy Attorney General Eric Holder issued a memorandum
entitled “Federal Prosecution of Corporations.”1 This memorandum
(“Holder memo”) essentially established a policy encouraging
corporations to waive the attorney-client privilege and work product
immunity in exchange for possible favorable treatment by prosecutors.2
In a memorandum by now Deputy Attorney General Thompson, the Bush
administration made it clear that this policy will continue to be
enforced. The challenge to the privilege does not stop there. The trend
continues with the enactment of Sarbanes-Oxley’s attorney reporting
requirements. Corporate counsel may now find themselves acting for the
benefit of the government, rather than the client. While the
government’s policy of seeking waivers and imposing affirmative
reporting requirements on attorneys m
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or email@example.com
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.