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ABA Section of Litigation Annual Conference, April 29 – May 1, 2009: The Role of Privilege in Investigations and Prosecutions of Corporations 1 Erosion of Attorney-Client and Work Product Privileges Marissel Descalzo Carlton Fields Miami, Florida I. Introduction Over the past few years, the U.S. Department of Justice (“DOJ”) has eroded the attorney-client privilege by routinely forcing corporations to waive attorney-client and work product protections to secure cooperation credit. The DOJ has...

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