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Avoiding Conflicts of Interest: Best Practices

Other than billing, there is virtually nothing lawyers dread more than checking, responding to, and resolving potential conflicts of interest. Exploring “conflicts” issues inevitably focuses on why a lawyer should not take on a new matter rather than how to get the business in the door. Left unidentified or unresolved, however, conflicts frequently result in huge costs and problems, far more than most attorneys imagine. Read More...

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THE CORPORATE COUNSELOR

How Privileged Are Your Privileged Communications?

Corporate counsel may be surprised to learn that, under certain circumstances, plaintiffs in shareholder litigation have gained access to privileged materials upon a showing of "good cause" under the fiduciary exception. This article discusses the basis for the fiduciary exception, the factors involved in the good-cause analysis, and the circumstances under which courts have turned over privileged materials to plaintiffs.

BUSINESS CRIMES BULLETIN

Forced Decryption in Government Investigations

In the wake of the Snowden leaks, makers of encryption products can expect a strong uptick in demand, as encryption will likely become even more widely used.

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