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Justice Dept. Alters Approach to Corporate Privilege

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December 12, 2006

After an outcry by corporate attorneys, the Justice Department has changed some rules about how it decides whether to indict corporations and their officials.

Under provisions known as the "Thompson memo," federal prosecutors were instructed to make charging decisions based in part on whether corporations agreed to waive their constitutional right to attorney-client privilege -- and to refuse to pay the legal fees of company officials.

The new rules say the request to waive attorney-client privilege now can only be made rarely, and only with the approval of the deputy attorney general.

 
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