This symposium essay explores the contestable empirical and normative assumptions that underlie criticisms of the Justice Department's policies with respect to the waiver of corporate attorney-client and work-product privileges. And it considers how authority with respect to prosecutorial decisionmaking in this area ought to be allocated.
Daniel C. Richman,
Decisions about Coercion: The Corporate Attorney-Client Privilege Waiver Problem,
Fordham Law Legal Studies Research Paper No. 968469
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1463