Commercial Litigation and Arbitration

“Corporate Disclosure of ‘Facts’” without Waiving Attorney-Client Privilege or Work Product Protection — Paper authored by Professor Bruce Green for ABA Task Force on Attorney-Client Privilege

Download associated file: Bruce Green Disclosure of Facts without Waiver.pdf 

Bruce Green, the distinguished Louis Stein Professor of Law at Fordham Law School and the Director of the Stein Center of Law and Ethics, has written an excellent, concise paper for the ABA Task Force on the Attorney-Client Privilege outlining how counsel can provide the Department of Justice, regulators and other non-clients the factual information they insist on, without effecting a waiver of attorney-client privilege or work product protection. The paper, which is attached (see above), is clearly correct. A trial is the disclosure of facts ascertained by counsel without waiver of privilege or work product protection.

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