In February 2022, a District of New Jersey court in United States v. Coburn compelled a private company to produce internal investigation materials to two of its former executives, who had been indicted by the U.S. Department of Justice ("DOJ") relating to an alleged foreign bribery scheme. This panel will explore the implications that this decision, and its legal reasoning, might have on attorneys and clients who are attempting to cooperate with DOJ as part of a self-disclosure strategy with the intent to earn "cooperation credit," while at the same time protecting the attorney-client and work product privileges emanating from internal investigations conducted on behalf of one's corporate client. Featuring: Hon. Don Cochran, Professor of Law, Belmont University College of Law Hon. Mike Hurst, Partner, Phelps Dunbar LLP Hon. John C. Richter, Partner, King &amp; Spalding (Moderator) Hon. David C. Joseph, United States District Court Judge, Western District of Louisiana

In February 2022, a District of New Jersey court in United States v. Coburn compelled a private company to produce internal investigation materials to two of its former executives, who had been indicted by the U.S. Department of Justice ("DOJ") relating to an alleged foreign bribery scheme. This panel will explore the implications that this decision, and its legal reasoning, might have on attorneys and clients who are attempting to cooperate with DOJ as part of a self-disclosure strategy with the intent to earn "cooperation credit," while at the same time protecting the attorney-client and work product privileges emanating from internal investigations conducted on behalf of one's corporate client. Featuring: Hon. Don Cochran, Professor of Law, Belmont University College of Law Hon. Mike Hurst, Partner, Phelps Dunbar LLP Hon. John C. Richter, Partner, King & Spalding (Moderator) Hon. David C. Joseph, United States District Court Judge, Western District of Louisiana

In February 2022, a District of New Jersey court in United States v. Coburn compelled a private company to produce internal investigation materials to two of its former executives, who had been indicted by the U.S. Department of Justice ("DOJ") relating to an alleged foreign bribery scheme. This panel will explore the implications that this decision, and its legal reasoning, might have on attorneys and clients who are attempting to cooperate with DOJ as part of a self-disclosure strategy with the intent to earn "cooperation credit," while at the same time protecting the attorney-client and work product privileges emanating from internal investigations conducted on behalf of one's corporate client. Featuring: Hon. Don Cochran, Professor of Law, Belmont University College of Law Hon. Mike Hurst, Partner, Phelps Dunbar LLP Hon. John C. Richter, Partner, King &amp; Spalding (Moderator) Hon. David C. Joseph, United States District Court Judge, Western District of Louisiana

Cooperation Credit, Privileges, and Possible Landmines for Attorneys and Clients: Implications of US v. Coburn

*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as: <ul><li>Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decision</li><li>A Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sitting</li><li>Litigation Update: A series that provides the latest updates in important ongoing cases from all levels of government</li></ul> The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

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*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as:Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decisionA Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sittingLitigation Update: A series that provides the latest updates in important ongoing cases from all levels of governmentThe Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as: <ul><li>Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decision</li><li>A Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sitting</li><li>Litigation Update: A series that provides the latest updates in important ongoing cases from all levels of government</li></ul> The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

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Cooperation Credit, Privileges, and Possible Landmines for Attorneys and Clients: Implications of US v. Coburn

Cooperation Credit, Privileges, and Possible Landmines for Attorneys and Clients: Implications of US v. Coburn

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