Commercial Litigation and Arbitration

The Attorney-Client Privilege in Congressional Investigations

Download associated file: Attorney Client Privilege in Congressional Investigations.pdf 

The American College of Trial Lawyers has just published an excellent white paper on the Attorney-Client Privilege in Congressional Investigations. It can be found at the link above. This issue presents nettlesome problems, as illustrated by our post of August 6, 2007. The white paper identifies the waiver problems presented by production to Congress, which does not recognize the privilege, and, as a consequence, the degree of resistance required when a congressional subpoena issues, in order to preserve the privilege in other settings.

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