NEW DOJ GUIDELINES:
FIG LEAF TO AVOID LEGISLATION?

For the fifth time in a decade, the United States Department of Justice has a new policy for the investigation and prosecution of business organizations.

The latest revisions relate primarily to the attorney-client and work product privileges. Deputy Attorney General Mark Filip announced the revisions at press conference late last month conducted at the New York Stock Exchange–a site chosen to acknowledge the business community’s intense interest in the issue.

The new policy, “Principles of Federal Prosecution of Business Organizations,” now incorporated as Sections 9-28.000 through 9-28.1300 of the United States Attorney’s Manual, reflects the DOJ’s further reaction to the sustained criticism from many respected members of the bar including former Attorneys General and other federal prosecutors.

That criticism has focused primarily on the DOJ’s policies of measuring an entity’s “cooperation” with a criminal investigation in part by its willingness to waive the attorney-client and work-product privileges.

For our readers, we have prepared an overview of the new policy and its ramifications. Please read it here.

An earlier version of this article appeared in Securities Law360 on September 2, 2008.

Published by DLA Piper LLP (US)
Copyright © 2008 DLA Piper LLP (US)
All Rights Reserved

This publication is intended to provide clients with information on recent legal developments. It should not be construed as legal advice or legal opinion on specific facts. Pursuant to applicable Rules of Professional Conduct, it may constitute advertising.

Circular 230 Notice: In accordance with Treasury Regulations which became applicable to all tax practitioners as of
June 20, 2005, please note that any tax advice given herein (and in any attachments) is not intended or written to be used, and cannot be used by any taxpayer, for the purpose of (i) avoiding tax penalties or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

You are receiving this communication because you are a valued client or friend of DLA Piper.

To unsubscribe from this mailing list, reply to this message with REMOVE in the subject line. Written requests may be sent to:
DLA Piper, Attention: Marketing Department
401 B Street, Suite 1700, San Diego, California 92101-4297, USA