When does disclosure to the government potentially waive the attorney-client privilege or work product protection, and is the risk of waiver worth the disclosure?

Consider this hypothetical: You are the General Counsel of a company that has received grand jury and SEC subpoenas. You have retained outside counsel to interview employees and prepare a report of its findings. Both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have asked the company, through counsel, to disclose the fruits of its investigation to them. You ask your outside counsel for advice. ...

Related Practices

Commercial Litigation
Securities Enforcement and Litigation
White Collar Defense/Internal Investigations