Dead Companies Can Tell Tales
Legal Times
What happens to the attorney-client privilege when a corporation enters bankruptcy or receivership? As the current economic crisis spawns criminal investigations into sinking companies, corporate officers -- and their counsel -- need to remember that waiver of the privilege may ultimately be decided by a trustee or receiver and that prosecutors still have considerable freedom to seek this material despite recent policy changes at the Justice Department, say attorneys Paul N. Monnin and R. Joseph Burby IV.