Department of Justice Retracts McNulty Memo Privilege Waiver Guidelines

August 28, 2008 – The DOJ, in a press conference today, released new corporate prosecution guidelines which parallel requirements demanded in the Attorney-Client Privilege Protection Act, which ACC has actively championed. These guidelines, now part of the DOJ’s attorney handbook, increase the likelihood that they will be taken seriously by local prosecutors, and make violations of the policy actionable in terms of enforcement or company complaints of abuses of the mandate. ACC will continue to pursue the legislation as other agencies’ policies (such as SEC, DOL, IRS, HUD, etc.) are not curtailed by DOJ’s reversal and must be addressed. Nonetheless, this is as close to a complete victory with the DOJ as ACC could have imagined.

Read the new guidelines attached below: