Program Details
2026-11-19 12:00:00
Over 1,000+ webinars
Course Overview
2026-11-19 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTThe first hour begins by explaining the tension between the DOJ’s No Request Rule directing prosecutors not to request privilege waivers and the March 2026 corporate enforcement policy requiring fact attribution for full cooperation credit. This hour will cover federal privilege law on facts versus communications under Upjohn v. United States (1981), and fact versus opinion work product under Hickman v. Taylor (1947) and their progeny. We will finish the hour by discussing best practices for drafting interview memos to protect them from having to be disclosed in future proceedings.
Jennifer L. Achilles
Linda Imes 1:10 pm - 2:10 pm ESTThe second hour covers the various federal circuits’ views on selective waiver, scope of waiver, and whether having a confidentiality agreement with the Government helps protect information provided to the Government. It covers the strategy that comes after the decision to cooperate: how to meet the March 2026 Corporate Enforcement Policy’s demand for “attribution of facts to specific sources” without delivering the kind of witness-by-witness download that can trigger waiver. It covers the potential ramifications of not protecting the privilege and the most common situations in which third parties seek privileged information created during an internal investigation (e.g., follow on civil litigation, criminal prosecutions of individuals, and insurance coverage cases). We will also discuss best practices for defending a later motion to compel documents and information shared with the Government.
Jennifer L. AchillesLinda ImesJennifer Achilles focuses her practice on white collar criminal defense, regulatory enforcement and securities litigation, and internal investigations.
Jennifer defends public and private companies, as well as their officers and directors, in government investigations by the Securities and Exchange Commission (“SEC”), Commodity Futures Trading Commission (“CFTC”), Financial Industry Regulatory Authority (“FINRA”), Department of Justice (“DOJ”), and New York District Attorney’s (“DA”) and Attorney General’s (“AG”) offices. She has significant experience representing clients in matters involving insider trading, market manipulation, accounting fraud, cryptocurrency-related activities, anti-money laundering, and the Foreign Corrupt Practices Act (“FCPA”). She also leads internal investigations in advance of and in connection with government investigations, and counsels clients on cooperation and self-disclosure strategies. Jennifer leads Blank Rome’s internal working group on cryptocurrency enforcement.
Linda Imes has been a criminal and civil litigator for over three decades, with substantial trial and appellate experience. She focuses on white collar criminal defense, regulatory investigations and proceedings (including securities enforcement defense), and complex civil litigation.
Early in her career, Linda was a federal prosecutor in the Southern District of New York. There, she served in the Major Crimes Unit and the Securities and Commodities Fraud Unit prosecuting a wide variety of complex business and commercial crimes including tax evasion, money laundering, transportation of stolen property, bank fraud, mail and wire fraud, and securities fraud.
Jennifer Achilles focuses her practice on white collar criminal defense, regulatory enforcement and securities litigation, and internal investigations.
Jennifer defends public and private companies, as well as their officers and directors, in government investigations by the Securities and Exchange Commission (“SEC”), Commodity Futures Trading Commission (“CFTC”), Financial Industry Regulatory Authority (“FINRA”), Department of Justice (“DOJ”), and New York District Attorney’s (“DA”) and Attorney General’s (“AG”) offices. She has significant experience representing clients in matters involving insider trading, market manipulation, accounting fraud, cryptocurrency-related activities, anti-money laundering, and the Foreign Corrupt Practices Act (“FCPA”). She also leads internal investigations in advance of and in connection with government investigations, and counsels clients on cooperation and self-disclosure strategies. Jennifer leads Blank Rome’s internal working group on cryptocurrency enforcement.
Linda Imes has been a criminal and civil litigator for over three decades, with substantial trial and appellate experience. She focuses on white collar criminal defense, regulatory investigations and proceedings (including securities enforcement defense), and complex civil litigation.
Early in her career, Linda was a federal prosecutor in the Southern District of New York. There, she served in the Major Crimes Unit and the Securities and Commodities Fraud Unit prosecuting a wide variety of complex business and commercial crimes including tax evasion, money laundering, transportation of stolen property, bank fraud, mail and wire fraud, and securities fraud.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
