The McNulty Memorandum does change the privilege waiver world. The McNulty Memorandum makes it clear that the waiver of the attorney-client privilege and the work-product exemption is not necessarily a prerequisite for cooperation. McNulty Memorandum, at 8. Under the McNulty Memorandum, prosecutors can only request the corporation waive its attorney-client privilege and its work-product exemption
The McNulty Memorandum – Continued
