Matthew J. Jacobs was quoted on June 10 in The National Law Journal regarding the role of general counsel in the U.S. government's investigations of companies and executives involved in stock options backdating. Mr. Jacobs noted that the issue of privilege is particularly complicated in backdating investigations. A controversial 2006 proposal would have created selective waiver in Federal Rules of Evidence 502, allowing companies to partially waive privilege to cooperate with government investigators but not share the information with anyone else. The proposal failed because the government could insist on disclosure from companies protected by partial waivers. "The privilege issues coming out of backdating are significant and they are troublesome. You want companies to be able to investigate allegations of wrongdoing and want them to report to the board and discuss with auditors without waiving privilege."