Cooperation with government investigators has long been important for companies under the specter of an investigation. Under current agency policies and practices of the Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ), and relevant provisions of the Sentencing Guidelines for Organizational Offenders, a "cooperative" corporation can realize substantial reductions in penalties or even avoid an enforcement action altogether. Seaboard Corporation in 2001 and HomeStore, Inc. in 2002 are excellent examples -- both were able to avoid SEC enforcement actions because of the extent and nature of their cooperation with investigators. The multi-million dollar question is what will be defined as "cooperation."
- September 30, 2004Jonathan S. Feld and Dean V. Hoffman
National cases of interest to you and your practice.
September 30, 2004ALM Staff | Law Journal Newsletters |Since 9/11, the government has stepped up the enforcement of laws and regulations relating to the control of exports, especially so-called "dual-use" items that have both military and non-military applications. Department of Commerce policy "seeks to keep terrorists and other criminals from possessing sensitive technologies -- in essence, to prevent export violations before they occur," according to Julie L. Myers, Assistant Secretary of Commerce for Export Enforcement.
September 30, 2004George B. Prettyman and Gregory J. WallanceLawyers' billing invoices are not privileged attorney-client communications and must be produced when subpoenaed in a civil contempt hearing, the Pennsylvania Superior Court ruled in late September in a dispute over a guardian ad litem's fee request.
September 29, 2004Melissa Nann BurkeWhen I announced my intention to retire from a 25-plus year career as CFO at an AmLaw 200 law firm, the firm began a process to search for and select a replacement. Because I had been with the firm for such a long time, we took the opportunity to start more or less from square one in determining what the firm wanted in a CFO. I had evolved my position from that of Controller as the firm grew, and its management and its needs changed.
September 29, 2004James W. DavidsonA&FP got lucky this summer when I sought an expert to advise our readers on law firm political contributions. Not only did Kurt Salisbury help me recruit his Arent Fox colleague Craig Engle, but he agreed to perform the interview on my behalf. Our readers thus gain not only the perspective of a major firm's PAC Director but also the perspective of the same firm's CFO.
September 29, 2004Craig EngleThe California State Bar is throwing open the door to out-of-state lawyers, but strict conditions and high costs have some worried about tripping over the welcome mat.
September 29, 2004Mike McKeeU.S. Bankruptcy Judge Dennis Montali approved nearly all of the final fee requests for law firms and other consultants working on the massive Pacific Gas & Electric Co. bankruptcy.
Montali's OK puts the final tally for more than 3 years' worth of work at about $450 million to $475 million, according to an accounting by the Office of the U.S. Trustee. Of the total, about $100 million goes to law firms representing the utility in different capacities.
That makes the case one of the most expensive bankruptcy matters ' if not the most expensive ' in the history of the Northern District of California.September 29, 2004Jeff ChorneyTalk about technology becoming more accessible. The City of Philadelphia is considering turning its entire expanse of 135 square miles into the world's largest wireless Internet zone. For approximately $10 million, small transmitters would be placed around the city. Each transmitter, probably placed on the top of lampposts, would then be capable of communicating with a computer-networking card. It would be the City's goal to offer the service either for free, or at costs far lower than those charged by commercial providers.
September 28, 2004ALM Staff | Law Journal Newsletters |How often have you been faced with the challenge of locating an important e-mail message in an impossible sea of an unorganized Inbox? Where is that meeting again? What is that date again? If you are like most of us, you give up before the search has begun because the volume of messages makes locating one, a daunting if not impossible task ' "I'll never find the message in this mess."
Outlook provides you with the ability to create rules or alerts to manage and organize your Inbox.September 28, 2004Sarita Livit

