Category Archives: Attorney client privilege

Yes, Maybe the Government Does Hate the Attorney-Client Privilege—The Challenge of Protecting the Privilege for Civil Investigative Demands

With all the talk in the media about grand jury subpoenas, it’s important to understand that subpoenas aren’t the only way that the government can demand documents and testimony. One of the little-known but often-used methods is a Civil Investigative … Continue reading

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Do Prosecutors Hate the Attorney-Client Privilege?

By Sara Kropf The search of attorney Michael Cohen’s office by federal agents led to a phalanx of “former federal prosecutors” quoted by the media. That’s not surprising. To be fair, I know a lot of great former federal prosecutors … Continue reading

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The Government Is Probably Going to Win on the Michael Cohen TRO Motion

The government filed its opposition to Michael Cohen’s motion for a temporary restraining order today. I wrote earlier this week about the search warrant and noted that there would be a court battle coming. Well, here it is. Oddly, the … Continue reading

Posted in Attorney client privilege, FBI policy and practice, Fourth Amendment, Grand jury, Search warrant | Leave a comment

Upjohn Warnings from Both Sides of the Table

I recently participated on a panel at the excellent NACDL White Collar Defense College with Ellen Brotman, Preston Pugh, Brian Bieber and Cynthia Orr. The College aims to teach lawyers how to handle white-collar cases from start to finish. We … Continue reading

Posted in Attorney client privilege, internal investigation, Obstruction | 2 Comments

What To Do With Notes from an Internal Investigation? Court Says Big Firm’s Methods Were “Gamesmanship”

When I was a brand-new associate at a big firm, I volunteered to work on an internal investigation into accounting irregularities at a public company. I knew nothing about internal investigations. Before we started interviewing employees, a partner explained the … Continue reading

Posted in Attorney client privilege, internal investigation, Uncategorized | Tagged | 1 Comment

These Defendants Are Asking For a Taint Team. Why?

When the government executes a search warrant in a white-collar case, it may seize documents that are protected by the attorney-client privilege. As I’ve posted before about this issue, the government will often assert that a “taint team” should review … Continue reading

Posted in Attorney client privilege, Search warrant | 1 Comment