A year ago, I wrote a piece in response to Buzzfeed’s Privilege Line exercise video. In it, I noted that while the exercise can be useful in pointing out how systemic oppression affects people, it ...

John A. Nathanson, counsel with Shearman & Sterling, and K. Mallory Tosch, an associate at the firm, write: Recent changes to DOJ and SEC guidelines now forbid requests that corporations waive ...

Privilege is a systematic structure that grants unearned advantage to a select few on the basis of their identity. Peggy McIntosh describes privilege as an “invisible package… of special provisions” — ...

Corporations facing criminal or regulatory investigation have long faced the question of whether to turn over privileged material to the investigating government entity. Waiving privilege has ...