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Does Attorney-Client Privilege Protect Client e-Mail?
Clients are increasingly communicating with their attorneys by e-mail. They find this type of communication to be an easy and fast means to provide their attorneys with information important to the protection of their legal interests and obtain advice relative thereto. While clients surely believe that their e-mail communications involving legal matters are protected by the attorney-client privilege equal to a mailed letter, e-mail communications pose confidentiality and waiver risks on the part of clients. Attorneys must advise their clients of these risks, and advise their clients on how to avoid them. Several recent decisions are instructive in that regard.
Statutory Assurance of Privilege
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.