Program Details

The McNulty Memo and Waiver of Attorney-Client Privilege in Criminal and Civil Investigations (Audio-Only Program)

Content Partner:  West LegalEdcenter
Price: $150.00*
This program is no longer available.

* Applicable Membership or Subscription discounts will be added in your shopping cart

Description: Faced with mounting judicial and congressional pressure governing corporate prosecution, on December 12, 2006, Deputy Attorney General Paul McNulty issued new guidelines for U.S. Attorneys to follow when considering whether to indict a company for suspected criminal activity.  The McNulty Memo is a departure from the DOJ's 2003 Thompson Memo, which spurred prosecutors to demand privilege waiver from companies threatened with indictment.

Is the McNulty Memo another case of too little, too late?  Does the Memo adequately restore attorney-client privilege in the corporate context?  Does the Memo thwart the ability of corporate leaders to seek and obtain legal guidance they need to effectively comply with the law?

In this two-hour webcast, West Legalworks has put together a panel of expert criminal, civil and regulatory enforcement lawyers to answer these compelling questions.  Other areas to be covered include:

  • When does it make sense for a company to voluntarily waive privilege?
  • Alternatives to waiver (e.g., structuring a factual roadmap in which no privileged communications or work product is disclosed)
  • Structuring an investigation to achieve maximum credibility with government investigators
  • Methods of preserving the attorney-client and work product privileges when necessary to do so during the course of an investigation
  • How not to invoke the wrath of government investigators when asserting the privilege
  • Recent proposed revisions to the Federal Rules of Evidence
  • Use of non-waiver agreements
  • Indemnification and advancement of attorneys fees
  • use of limited waiver agreements
  • Recent case law on waiver of attorney-client privilege

Our stellar faculty includes Michael Koenig, a former DOJ attorney who investigated and prosecuted corporate fraud cases and who is now Counsel to Dewey Ballantine; Bill Leone, former U.S. Attorney for Colorado and now Partner at Faegre & Benson; and William M. Sullivan, Jr., former Assistant U.S. Attorney for the District of Columbia who is now Partner at Winston & Strawn and concentrates his practice on corporate internal investigations.

Practice Areas: Accounting & Business of Law, Administrative Law & Regulation, Administrative Practice & Procedure, Business Organizations & Contracts, Corporate & Securities, Corporate Governance, Criminal Law & Procedure, Law Firm Marketing & Business Development, Securities & SEC Regulation, White Collar Crime, White Collar Crime & Criminal Investigations
Online Media Type: Audio
Production Date: 01/10/2007 2:00 PM EST
Level: Intermediate
Category: Standard
Duration: 2 Hours, 0 Minutes
Online Format: Live

Click here for information on subscription discounts and Group Viewing opportunities.

Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 


West LegalEdcenter will not provide accreditation for states not listed. 

This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing

People who bought this program also bought:
There are no current recommendations
E-mail a colleague about this program.
Total Credits: 2
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

Check your state requirements and get contact information.
William Leone - Faegre & Benson
Michael Koenig - Washington, D.C.
William F. Sullivan, Esq. - Winston & Strawn
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

Page Disclaimer
No page disclaimer found.
Home |  Search |  CLE Requirements |  Site Map
Content Partners |  Technical Requirements |  Help |  Contact Us
About Us |  Privacy Policy
RSS Feeds RSS Feeds
© 2017 Thomson Reuters