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Expert Analysis

A Critical View Of Self-Critical Analysis Privilege

Law360 (January 26, 2011, 2:53 PM EST) -- Individuals, corporations and other entities have a powerful incentive to frankly evaluate their own conduct and policies to ensure compliance with state and federal law. However, they also have an incentive to avoid generating the very evidence that may be used against them in private litigation. Despite the laudable goal of undertaking candid self-review in order to ensure legal compliance, documents and other materials generated as part of any such effort are very likely discoverable....

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