Selective Waiver After SOX

posted by Alan Childress

After SOX, open question whether lawyer can do a selective waiver.  SOX requires disclosure of information to specific governmental agencies and investigators, but does compliance now mean waiver of privilege as to non-governmental plaintiffs and corporate voyeurs?   Lots of courts say Yes and deny the attempt at selective waiver.  But they seem to do so based on pre-SOX law.  Maybe it needs rethinking now that SOX casts a wider info net.  Just one of the many unanticipated side effects of SOX.  More to come.