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Franklin Brown, Steven Woghin, Lauren Stevens. All three attorneys rose to the top of the in-house counsel ranks at their companies. All three faced unprecedented challenges when their companies came under federal investigation. Most importantly, all three were accused of obstruction of justice in how they handled their companies’ responses to government investigations. As executive vice president and chief legal counsel for Rite-Aid Corp., Brown was accused of attempting to deceive government investigators and the law firm hired to perform an internal investigation into the manipulation of the company’s financial statements by coaching witnesses to lie and backdating contracts. Ditto for Woghin, senior vice president and general counsel of Computer Associates International Inc. As vice president and associate general counsel of GlaxoSmithKline, Stevens was accused (but later exonerated at trial) of concealing evidence and making false statements to the Food and Drug Administration (FDA) investigating the company’s off-label promotion of Wellbutrin.
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By Harry Sandick and Sarah Hardtke
The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S.
By Jonathan B. New, Patrick T. Campbell and Rachel H. Ofori
Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company’s counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege.
Navigating the SEC’s New Cybersecurity Disclosure Rules
By Olivia J. Greer, Catherine Kim and Jeeyoon Chung
With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices.
FTC Finalizes Ban On Noncompete Agreements
By Maydeen Merino
The rule will generally ban employers from entering, maintaining or attempting to enter a noncompete agreement with an employee, or conveying — absent a good-faith basis — that a worker is subject to a noncompete clause.
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