Milberg Weiss and The 'Nigerian Barge' Case
August 30, 2006
The recent indictment of the securities class-action powerhouse Milberg Weiss Bershad & Schulman and two of its named partners has been the topic of much recent discussion, centering on the law firm's notable refusal to waive the attorney-client privilege during the government investigation, which likely contributed to the government's decision to indict the firm. But the indictment is also notable as the latest high-profile use of the federal mail and wire fraud statutes to combat private-sector corruption.
Identity Theft
August 30, 2006
What are the legal liabilities a company faces when someone '' an employee or outsider '' breaches the company's security and accesses employee or customer confidential information? More than half the states have legislation addressing this problem. This article focuses on federal statutes that expose companies to potential civil and criminal liability for failing to take adequate steps to prevent the theft.
In the Courts
July 31, 2006
Important rulings of importance to you and your practice.
Selective Privilege Waiver and Proposed FRE 502
July 31, 2006
This summer, the standing committee on the federal rules of the Supreme Court's Judicial Conference will propose for public comment Federal Rule of Evidence 502 and Committee Notes, initially drafted and recommended by the Advisory Committee on Evidence Rules. Proposed Rule 502 addresses the waiver of privilege arising from the production of documents: the effect of inadvertent production, the scope of the waiver arising from both inadvertent and intentional production, and ' the subject of this article ' the effect on future claims of privilege of producing documents to the government in the course of an investigation.
Attacking Attorney-Client Privilege the Old-Fashioned Way
July 31, 2006
Federal prosecutors continue to attack attorney-client privilege through aggressive use of the crime-fraud exception ' a government tactic easy to forget amidst the hoopla surrounding the government's attempts to exact attorney-client privilege waivers as the sine qua non of cooperation. A recent Third Circuit case illustrates the worrisome potential breadth of the exception.
Thompson Memorandum on Fees Found Unconstitutional
July 31, 2006
Strong words: KPMG refused to pay its employees' legal fees because prosecutors held a 'gun to its head,' and the government thus 'violated the Constitution it is sworn to defend.' This statement from U.S District Judge Lewis A. Kaplan in the KPMG tax shelter case has shaken the foundations of corporate prosecutorial policy. <i>United States v. Stein et al.</i>, 2006 WL 1735260, (S.D.N.Y. June 26, 2006).
<b>BREAKING NEWS: </b>THOMPSON MEMORANDUM ON FEES FOUND UNCONSTITUTIONAL
July 14, 2006
KPMG refused to pay its employees' legal fees because the government held a 'gun to its head' and thus 'violated the Constitution it is sworn to defend.' These strong words from U.S. District Judge Lewis A. Kaplan in the KPMG tax shelter case have shaken the foundations of corporate prosecutorial policy. <i>United States v. Stein et al.</i>, 2006 WL 1735260, (S.D.N.Y. June 26, 2006).READ THE FULL STORY FROM THE ATTORNEY WHO WON THE RULING IN THE AUGUST, 2006, ISSUE, ONLINE AUGUST 1!
