White & Case partner Joel Cohen, counsel Marietou Diouf and associate Olivia Hussey published an article for The National Law Journal on the First Circuit's 2025 decision in United States v. SpineFrontier, which clarifies that merely referencing the involvement of outside counsel does not automatically waive attorney-client privilege in criminal cases.
The authors discuss the importance of this decision for defense counsel, allowing them to raise the involvement-of-counsel defense to negate criminal intent while protecting privileged communications, though courts will continue to scrutinize such strategies for potential prejudice to the government.
Read the full article here.
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