Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Hotline
The District Court for the Northern District of New York has ruled that where an attorney serves as both co-counsel for a corporate defendant and as a member of the entity's board of directors, they must be restricted in their access to plaintiff's documents because of the 'serious risk of inadvertent disclosure of confidential documents and information.' Norbrook Laboratories Limited v. G.C. Hanford Manufacturing Co., No. 5:03-CV-165 (April 24).
The discovery issue before the court was whether the defendant's co-counsel, who also serves as corporate counsel and a member of the board of directors, should have access to the plaintiff's confidential documents and information. The attorney in question filled a number of roles, but did not serve specifically as in-house counsel. Rather, he was retained separately to work on this case in addition to his duties as secretary and board member. The plaintiff argued that despite counsel's arm's-length ties, he could not be considered anything other than an 'insider, and must not be privy to the plaintiff's trade secrets.'
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.