kaal:claim:2486570-010

The McNulty Memorandum did not resolve the privilege waiver problem because it still left prosecutors ample opportunity to treat a corporate defendant's unwillingness to waive attorney client privilege as bearing on cooperation, and its attorney's fees provision had similar shortcomings.

The McNulty Memoran- dum still provided ample opportunity for prosecutors to use the corporate de- fendant's lack of willingness to waive attorney-client privilege in the cooperation determination126

Wulf A. Kaal, Timothy Lacine, The Effect of Deferred and Non-Prosecution Agreements on Corporate Governance Evidence from 1993-20 (2014), II.A. HISTORICAL BACKGROUND, p. 17
https://ssrn.com/abstract=2486570 · source PDF

Wulf A. Kaal, Timothy Lacine, The Effect of Deferred and Non-Prosecution Agreements on Corporate Governance Evidence from 1993-20 (2014). SSRN: https://ssrn.com/abstract=2486570

failuresupport: arguedfailure: waiver-loophole-persistsfamily: enforcement-gapinstitutional-design

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