Kirsten Mayer analyzes effects of McNulty Memorandum on corporate compliance
At the end of 2006, the Department of Justice released the "McNulty Memorandum," which spelled out revised corporate charging guidelines for federal prosecutors across the country. While the revised guidelines include some changes, including centralized oversight of requests for the waiver of attorney-client privilege on the part of charged corporations, they do not change in any fundamental way DOJ's approach to the charging decision. As a result, the McNulty Memorandum weakens critical components of strong corporate compliance, such as strong attorney-client privilege, work-product protection and open lines of communication. In an article published in the April 2007 edition of the Privacy & Data Security Law Journal
, Kirsten Mayer, a litigation associate at Ropes & Gray, analyzes the Memorandum's effects on corporate compliance and concludes that it represents a "missed opportunity" to strengthen policy goals of strong internal controls and candid internal communications. To read Mayer's article, please click "Download PDF."