Attorney-client privilege is under siege. That’s partially because regulators and the Department of Justice have stated that a company’s willingness to waive the privilege would be a factor in determining whether that company is cooperating with an investigation.
Aside from the precedent such a move could set, generals counsel are concerned that this requirement could send executives in need of legal guidance underground; rather than seeking advice from the general counsel, these individuals could simply turn to a personal attorney, thereby ensuring the confidentiality of any communication.
