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

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