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The Selective-Waiver Doctrine: Is It Still Alive?

Published in Business Crimes Bulletin
Article | December 2008
The "selective-waiver" doctrine has been raised as a possible safeguard against waiver of the attorney-client privilege when a company is seeking the benefits of cooperation in a criminal investigation. However, in its 30-year history, the doctrine has been repeatedly rejected by U.S. courts. This article discusses the origins of the doctrine and recent court decisions that have attempted a revival.
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