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Ninth Circuit Reverses Attorney-Client Ruling, But Lawyers Should Not Breathe Easy
In my article “Who's Your Client?” in the August 2009 issue of this newsletter, I described a district court decision in the Broadcom case finding that the law firm Irell & Manella had improperly disclosed to the government confidential information it gained from an executive it was representing along with his corporate employer. Although the Ninth Circuit reversed the district court's ruling on Sept. 30, its decision highlights the need for continuing vigilance about dual representation.
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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 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.
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.
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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.