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Deferred Prosecution Agreements and Privileged Documents

XYZ Inc. settles a federal criminal investigation by signing a deferred prosecution agreement (DPA). Now its attorneys think the company and its privileged documents are safe so long as XYZ stays out of trouble. But have they closed the barn door after the horse has run away? A little-noticed holding by Judge Lewis A. Kaplan in the KPMG tax shelter case suggests that a DPA may open privileged documents to defendants in criminal trials and even to civil litigants.

19 minute read October 30, 2007 at 11:45 AM
By
Jacqueline C. Wolff and Ethan I. Jacobs
Deferred Prosecution Agreements and Privileged Documents

XYZ Inc. settles a federal criminal investigation by signing a deferred prosecution agreement (DPA). Now its attorneys think the company and its privileged documents are safe so long as XYZ stays out of trouble.

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