# Privilege waiver

`kaal:entity:privilege-waiver`

**Status.** derived

This node is assembled mechanically from the 3 claims that carry the concept tag `privilege-waiver`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

3 claims across 1 works, 2014 to 2014.

**2014**

- [2486570-009](https://wulfkaal.github.io/claims/2486570-009) [failure/argued] *(failure mode)* -- The McCallum Memorandum failed as a corrective because it only supplemented rather than replaced the Thompson Memorandum and did little if anything to curb the widespread use of attorney client and work product privilege waivers in deferred prosecution agreements.
  > McCallum Memo did not replace the Thompson Memorandum; it only supple- mented it and did little, if anything, to quell the widespread use of attorney-client and work-product privilege waivers in DPAs.
  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
- [2486570-010](https://wulfkaal.github.io/claims/2486570-010) [failure/argued] *(failure mode)* -- 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). SSRN: https://ssrn.com/abstract=2486570
- [2486570-020](https://wulfkaal.github.io/claims/2486570-020) [empirical/evidenced] -- The trend in attorney client privilege waivers reversed after 2008: agreements requiring no privilege waiver increased steadily from 2008, and provisions requiring an attorney client privilege waiver disappeared completely by 2009.
  > While the number of N/DPAs that did not require an attorney-client privilege waiver increased steadily starting in 2008, N/DPA provisions that did require an attorney-client privilege waiver disappeared completely by 2009.
  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

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/privilege-waiver.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.