waive privilege

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In the article, Mike, the former Chief of the Complex Financial Instruments Unit of the Securities and Exchange Commissions Enforcement Division, discusses when it may make sense for a firm to waive privilege in a government investigation.
This presents the preparer with a Catch-22: to overdisclose and possibly waive privilege, or to underdisclose and face the consequences of improper disclosure, which arguably could trigger a variety of penalties.
101) As a result, to assert that they have selective waiver power, agencies need to be able to point to a statute or a regulation that would authorize regulated parties to selectively waive privilege as to the agency.
36) The filing of a disability claim or releasing records to a disability insurance company does not waive privilege.
68) As the DOJ pushed more companies to waive privilege, the risk of waiver to other parties increased, and the desirability of using the selective waiver doctrine increased as well.
Some courts hold that each co-defendant can waive privilege only with respect to its own communications.
Such inter-employee discussions create the potential for a business entity to inadvertently waive privilege by disclosing attorney-client communications to outsiders.
would only waive privilege in the context of the congressional
position is also further complicated by a myriad of different state laws concerning who can waive the privilege; in most cases inadvertent slips by attorneys may be enough to waive privilege while other states provide more stringent protections on privilege.
S Financial Services Authority (FSA), which legal practitioners note has been increasingly aggressive in trying to persuade companies it is investigating to waive privilege.
It challenges him to waive privilege and make a similar statement outside parliament.