There’s some action in Washington today on the corporate attorney-client privilege front.
Two former prosecutors, now in private practice, provided written testimony and will testify that the McNulty Memoradum may not go far enough:
But Andrew Weissmann, who oversaw the prosecution of Enron and is now a partner at Jenner & Block, wrote the panel that the McNulty memorandum â€œleaves completely intact the governmentâ€™s ability to penalize a company that does not take punitive action against employees for asserting a constitutional right to remain silent, and reward those companies that do take such action.â€
Another former federal prosecutor, William M. Sullivan Jr., who is now a criminal defense lawyer at Winston & Strawn, said in a statement to the committee that â€œrather than eliminating waiver requests, the McNulty memorandum provides a multitiered procedure for requesting business entities to disclose protected materials.â€
We covered the other side of this issue last month.
The full witness list:
— Karen J. Mathis
President, American Bar Association
— Barry M. Sabin
Deputy Assistant Attorney General
United States Department of Justice
— William M. Sullivan Jr.
Partner Winston & Strawn, LLP Washington, DC
— Andrew Weissmann
Partner Jenner and Block, NY, NY
— Richard White
Senior Vice President and General Counsel
The Auto Club Group, Dearborn, Michigan
Mr. White is also Chairman of the Association of Corporate Counsel.