Information is power and, in civil audits and criminal investigations, the government seeks to identify and obtain as much information as possible. To the extent such information falls within a recognized legal privilege, it is up to counsel for the taxpayer or target to timely and properly assert the applicable privilege and defend that privilege if the government seeks to compel production. This panel of experienced tax litigation and controversy attorneys addressed the common privileges that arise in tax matters, the holder and scope of those privileges, the extent to which such privileges can be waived or set aside, and how to navigate these waters in foreign jurisdictions and cross-border investigations.
Moderator: Caroline D. Ciraolo, Kostelanetz & Fink LLP, Washington, DC
Panelists: Barbara T. Kaplan, Greenberg Traurig LLP, New York, NY; Jenny L. Johnson
Ware, Johnson Moore, Chicago, IL; Megan L. Brackney, Kostelanetz & Fink LLP,
New York, NY; Miriam L. Fisher, Latham & Watkins LLP, Washington, DC; Paula M.
Junghans, Zuckerman Spaeder, Washington, DC
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