Law360, New York ( July 7, 2014, 12:15 PM EDT) -- Almost every major regulatory regime relies on a basic principle of law enforcement policy that, by creating incentives for self-policing, companies are more likely to adopt effective compliance. This notion inexorably depends upon the certainty that the protections afforded by the attorney-client privilege and related privileges are available. In Barko, U.S. District Court Judge James Gwin recently issued an alarming order granting a motion to compel that threatened to destabilize the bedrock principles of privilege.[1] Fortunately, however, the D.C. Circuit has now vacated Judge Gwin's opinion, restoring — at least temporarily — stability to corporate compliance programs.[2]...
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