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Forfeiture-for-Competition AgreementsLaw Firm Partnership & Benefits ReportRule 5.6 of the ABA Model Code of Professional Responsibility expressly prohibits lawyers from entering into agreements that restrict their right to practice, including covenants not to compete. The overwhelming majority of jurisdictions interpret the rule to preclude less direct restrictions on competition, including financial penalties known as “forfeiture-for-competition” agreements.
The New Federal Lobbying RegulationsThe Corporate CounselorCongress just passed the Honest Leadership and Open Government Act of 2007. Congress’s stated hope in passing this sweeping legislation is that it will increase public confidence in the honesty of the political process. This article explains what the Act means.
Challenging the Federal Sentencing Guidelines on Policy GroundsBusiness Crimes BulletinThe federal Sentencing Guidelines can lead to “patently absurd” punishments in white-collar cases. But judicial discretion in sentencing, strongly reaffirmed by the Supreme Court in Kimbrough v. United States has opened an important avenue for advocacy in business crime cases.
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Headlines
The Evolving Rules Governing the Use of InvestigatorsMost attorneys involved in the investigation or defense of complex business crimes will turn to private investigators to assist them in developing the facts. Given the breadth and nature of many modern criminal investigations, the use of private investigators is almost becoming a necessity. Yet many basic rules governing their use are unclear or in flux, especially when it comes to monitoring or gathering electronic information.
Is Ranking Physicians a Fair Practice?New York Attorney General Andrew M. Cuomo recently spearheaded a statewide New York investigation into health insurers’ use of physician-ranking programs. The investigation has now produced a settlement with CIGNA. Although the investigation is specific to New York, the issues raised are national in scope and worth serious consideration, since health insurers nationwide are increasingly utilizing physician-ranking systems.
Horns of a Defense Counsel DilemmaThis article examines the conflicts that surround the so-called “tripartite relationship” among policyholder, insurance company, and defense counsel hired by the insurance company, as well as techniques to preserve defense counsel’s un-conflicted duty to its client, the policyholder. Insurance conflicts counsel is one such technique.
Five Significant Inter-Generational Relations BlundersFirms are struggling with generational divides because they make the blunders enumerated in this article.
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