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Historic Bribery Case’s Privilege Battle Boosts Corporate Probes
Reprinted from: Bloomberg Law | 10/24/2025Cadwalader partner Martin Weinstein recently authored an article in Bloomberg Law examining the Sixth Circuit’s landmark ruling in the FirstEnergy bribery case, a decision that reaffirmed core protections under the attorney-client privilege and work-product doctrine.
The case, emerging from one of the largest bribery scandals in Ohio’s history, raised fundamental questions about how companies conduct and protect internal investigations.
Martin explains that businesses must feel secure in their ability to be candid with counsel, even while cooperating with regulators. “There is a fine line between cooperation and waiver,” he writes, “and it takes a competent lead counsel to know the line not to cross.”
He emphasizes that privilege must be preserved to ensure employees speak openly during internal investigations without fear that their communications will later be used against them.
Read the full article here.
