Intra-Law Firm Communications
January 31, 2007
Can a firm decline to produce the e-mails, notes and memoranda relating to its internal investigation on the grounds that the material is protected by the firm's own attorney-client or work product privileges?<br>The answer is a definite 'maybe.'
Clause & Effect
January 31, 2007
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
Compliance with Non-U.S. Environmental Health and Safety Regulations
January 31, 2007
Most U.S.-based companies have fairly sophisticated environmental, health and safety ('EHS') programs that are designed to ensure compliance with applicable EHS rules and regulations. The reasons for such programs are obvious: EHS compliance represents the floor for most, if not all companies, and non-compliant companies are likely to experience adverse financial, environmental, health and safety impacts as a result of non-compliance.
The McNulty Memo
January 31, 2007
On Dec. 12, 2006 the U.S. Justice Department issued new guidance that will require federal prosecutors to seek approval from senior DOJ officials before requesting a waiver of attorney-client privilege and work product protection in corporate criminal investigations. The new guidance supersedes the existing language on waiver in the 'Thompson memo,' issued by then-Deputy Attorney General Larry D. Thompson in January 2003.
Case Notes
January 31, 2007
Highlights of the latest product liability cases from around the country.
Practice Tip: Crafting a Winning Document Retention Policy to Avoid Court-Imposed Penalties
January 31, 2007
From the moment a manufacturer decides to undertake a new venture, it creates a staggering number of documents. These documents run the gamut from new product designs to market studies to safety test results. Even small-scale manufacturers may generate enough documents to fill a small warehouse, thus begging the question: Are we required by law to keep all these documents?
Speaking Outside the Box: Juror Questioning of Witnesses at Trial
January 31, 2007
It would be unheard of if a student were to be told that he or she was required to master a course of study without having the ability to voice any questions along the way. In fact, from Socrates' time to the present, teachers at all levels typically encourage interactive learning. Until recently, however, the process through which a jury arrives at the facts of a given case is a fairly passive process — with the exception of the deliberative process at the close of the case.
