McGuireWoods Attorney-Client Privilege/Work Product Case Summary Database

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Chapter: 32.503
Case Name: United States v. HSBC Bank USA, N.A., 12-CR-763, No. 2013 U.S. Dist. LEXIS 92438, at *19 20 (E.D.N.Y. July 1, 2013)
(approving a deferred prosecution agreement, but discussing privilege issues; "For example, the DPA [deferred prosecution agreement], like all such agreements, requires HSBC to 'continue to cooperate fully with the [government] in any and all investigations.' . . . Recent history is replete with instances where the requirements of such cooperation have been alleged and/or held to violate a company's attorney-client privilege and work product protections, or its employees' Fifth or Sixth Amendment rights.")

Case Date Jurisdiction State Cite Checked
2013-07-01 Federal NY B 4/14

Chapter: 32.503
Case Name: United States v. HSBC Bank USA, N.A., 12-CR-763, No. 2013 U.S. Dist. LEXIS 92438, at *20 n.10 (E.D.N.Y. July 1, 2013)
(approving a deferred prosecution agreement, but discussing privilege issues; "In August 2008 the DOJ revised its corporate charging guidelines to provide, inter alia, that credit for cooperation would no longer depend on a corporation's waiver of the attorney-client privilege or work product protections.")

Case Date Jurisdiction State Cite Checked
2013-07-01 Federal NY B 4/14