Privilege Waivers' Role in Deferred and Non-Prosecution Agreements

, New York Law Journal

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In his Corporate Crime column, Steven M. Witzel, a partner of Fried, Frank, Harris, Shriver & Jacobson, writes: A survey of deferred prosecution agreements and non-prosecution agreements shows that the DOJ continues to reward (and expect) corporations to waive privilege. Corporations that voluntarily choose to waive privilege should receive credit for that decision, but a recent decision recognized that prosecutors have the capacity to overreach in negotiating DPAs and NPAs.

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