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Home / Opinion Digests / Criminal Law / Advice-of-counsel defense partly waives privilege (access required)

Advice-of-counsel defense partly waives privilege (access required)

In an issue of first impression, a court in the Fourth Circuit held defendants can be required to disclose their intent to rely on an advice-of-counsel defense and that the assertion of that defense waives the attorney-client privilege to a limit­ed extent. However, in a case involving conspiracy to commit criminal copyright infringement, the government ...