Public Corruption & RICO

In white-collar criminal cases, forfeiture is one of the most consequential sentencing components, yet it remains overlooked and misunderstood by practitioners. The U.S. Court of Appeals, Second Circuit’s recent decision in United States v. Ng Chong Hwa demonstrates why a thorough understanding of forfeiture is essential.

A recent Sixth Circuit decision[1] provided clarity on the scope of the attorney-client privilege and work product doctrines, particularly as those rules relate to confidentiality and privacy of corporate records reviewed and analyzed as part of internal investigations. The decision is considered a victory for both the legal and the business worlds because it secured the longstanding and fundamental function of legal privileges that encourage complete and transparent sharing between attorneys and their corporate clients.