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In The Courts
Court Holds That a Company Waived Its Privileges over an Internal Investigation Report
In United States v. Bergonzi, 216 F.R.D. 487 (N.D. Cal. 2003), the United States District Court for the Northern District of California held that a company waived its attorney-client privilege and work-product protection over an internal investigation report by disclosing the report to the Government. Although the Government and the company entered into a confidentiality agreement, they did not have a true “common interest” to prevent waiver.
In Bergonzi, the defendants, Albert Bergonzi and Jay Gilbertson, were charged with securities, wire and mail fraud arising from their role as former executives of HBO & Company (HBOC). The indictment alleged that between 1997 and April 1999, defendants and others deliberately engaged in a variety of fraudulent practices that resulted in the intentional misstatement of the publicly reported financial results of HBOC and McKesson HBOC. In light of accounting irregularities discovered by auditors in 1999, the Board of Directors of McKesson HBOC retained a law firm to conduct an internal investigation and to make recommendations regarding McKesson HBOC's accounting policies, procedures and controls. The law firm, in turn, retained an accounting firm to assist with the review.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.