# kaal:claim:2486570-010

**Claim.** 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.

**Type.** failure  **Support.** argued

**Source quote.**

> 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

**From.** 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, page 17

**Cite as.** 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

**Verify.** sha256 of source PDF `8c3981c9a55d8a3fe59a01660584eebc3feb3fb9109ca65344095bebe4ae49a4` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kaal%20and%20Lacine%20-%202014%20-%20The%20Effect%20of%20Deferred%20and%20Non-Prosecution%20Agreements%20on%20Corporate%20Governance%20Evidence%20from%201993-20.pdf

**Failure mode.** waiver-loophole-persists  (family: enforcement-gap)

**Topics.** institutional-design

**Keywords.** attorney-client-privilege, mcnulty-memo, privilege-waiver, doj-policy

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