Do Nothing

The Department of Justice is increasingly under attack for its policies governing the prosecution of corporations. A federal district court recently ruled that the DOJ unconstitutionally pressured KPMG to cut off its employees’ attorneys fees if they did not cooperate with the government. The Senate Judiciary Committee is currently holding hearings on its policy of requiring corporations — if they want to be regarded as cooperating with government investigations — to waive their attorney‐​client and work product privileges. And questions have been raised about its policy of charging individuals with obstruction of justice for lying to or concealing information from corporate counsel during internal investigations.