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Med Mal News
Law Firm Sues to Bar or Control Outsourcing of Client Information
The personal injury and medical malpractice law firm, Newman McIntosh & Hennessey, of Bethesda, MD, is suing President George W. Bush and the overseas legal support services firm Acumen Legal Services of India, seeking a ruling on the effects on privacy rights when privileged client data is outsourced to an overseas location. Acumen offers services to attorneys, such as contract drafting, legal research and legal analysis. Joseph Hennessey, a partner with the firm, says his organization fears for privacy rights because foreign companies like Acumen do not enjoy the presumption of privacy and attorney/client privilege that U.S. firms do, and the National Security Agency may not be constrained by the U.S. Constitution to refrain from spying on outsourced records. 'We are really heading toward a collision between globalized economic interests and the limited extension of constitutional rights,' Hennessey says. The court is being asked to rule on whether constitutional protections extend to overseas outposts of the legal field, and, if not, whether law firms' clients' consent should be required before their records can be sent abroad. 'It's not paranoia. It's just fact,' Hennessey says. 'Now that we're outsourcing services, we have given no consideration to the ongoing practice of the government harvesting information out there.'
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.
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.
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.