2008 Attorney-Client Privilege News

The attorney-client privilege is fundamental to fairness and balance in our justice system and essential to corporate compliance regimes. Without reliable privilege protections, executives and other employees will be discouraged from asking difficult questions or seeking guidance regarding the most sensitive situations. This page includes breaking news, cutting edge developments, and scholarship on the decline of the Attorney-Client Privilege and Work-Product Doctrine from 2008.

Jonathan S. Feld and Blake Mills, The Selective-Waiver Doctrine: Is It Still Alive?, December 2008.

Attorney-Client Privilege and the Value in Coalition-Building,” The Champion, September 2008.

Mark J. Stein and Joshua A. Levine, The Filip Memorandum: Does It Go Far Enough?, September 11, 2008.

No Retreat Now – The long fight to protect the attorney-client relationship against aggressive prosecutors can only end with legislation,” Legal Times, September 1, 2008.

With Thompson Trashed and McNulty Moot, Filip Memo’s Time Has Come,” The AmLaw Daily, August 28, 2008.

NACDL Press Release, Legislation Still Needed to Protect Privileges, Right to Counsel, August 28, 2008.

Press Release, U.S. Department of Justice, "Announcing Revisions to Charging Guidelines for Prosecuting Corporate Fraud," August 28, 2008.

AG Mukasey Hints at Revision of McNulty Memo, Spars With Senators at Hearing,” Legal Times, July 10, 2008.

DOJ: No, No, Don’t Worry About It, Senator. We’ll Fix the McNulty Memo.The Wall Street Journal Law Blog, July 10, 2008.

Former DOJ’ers Urge Congress to Shore Up Attorney-Client Privilege,” The Wall Street Journal Law Blog, June 23, 2008.

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