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Inadvertent Disclosures: CA Supreme Court Establishes Duties of Attorneys, But Issues Remain
An attorney's receipt of apparently privileged materials during litigation presents a conundrum. Was the disclosure purposeful or inadvertent? May the lawyer assume the privilege was waived? What are the recipient lawyer's duties? How should the lawyer respond? Should the lawyer receiving the seemingly privileged documents notify opposing counsel? How extensively should the lawyer analyze the documents before notifying opposing counsel? Does the content of the document matter? May the lawyer receiving the privileged information provide it to his client or expert to analyze?
Many of these questions were posed in the article, 'Inadvertent Disclosure of Privileged Material Presents Complex Ethical Issues for the Recipient,' published in the July 2005 edition of Product Liability Law & Strategy, which highlighted the California Supreme Court's opportunity in Rico v. Mitsubishi Motors to establish the ethical duties of lawyers who receive privileged documents mistakenly.
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.
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.
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.