Whistleblowers: Latest Danger to Privilege, Work Product in Tax Department

BNA Daily Report for Executives
10.20.11
In this article, George Clarke and Kathryn Morrison Sneade discuss a Sarbanes-Oxley Act whistleblower case working its way through federal court that highlights important privilege and work-product protection issues faced by corporate taxpayers, while also illustrating a number of practical pitfalls in asserting those protections. A court's conclusions with regard to the work-product doctrine, the tax code Section 7525 privilege, and the attorney-client privilege in a case involving Caterpillar Inc.'s tax department serve as a reminder to taxpayers of the limits of these protections.
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