Recent Court Decision Highlights the Risk of Corporate Privilege Waiver when Cooperating with Government Investigation
On May 4, 2022, New Jersey federal district judge Kevin McNulty unsealed a decision ordering Cognizant Technology Solutions Corp. to produce two of its former executives unredacted versions of memoranda and notes from its outside counsel’s internal investigation into foreign bribery at the company. This decision further enforced the court’s finding in February that the company and its counsel had waived privilege and work product protection over the documents by disclosing details of the investigation to the Department of Justice while negotiating to resolve a criminal investigation. Both rulings serve as a cautionary reminder to companies to remain vigilant in preserving privilege, even when cooperating with the government.
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