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.
Stock Trading Injunctions in Chapter11
January 30, 2007
The implementation of restrictions on stock and/or claims trading has become almost routine in large Chapter 11 cases involving public companies on the basis that such restrictions are vital to prevent forfeiture of favorable tax attributes that can be triggered by a change in control. Continued reliance on stock trading injunctions as a means of preserving net operating loss carry forwards, however, may be problematic, after the controversial ruling handed down in 2005 by the Seventh Circuit Court of Appeals in <i>In re UAL Corp.</i>, 412 F.3d 775 (7th Cir. 2005).
Pension Plan Protection Act Leaves Door Open
January 30, 2007
Legacy costs, the common term for worker pension and health care benefits negotiated in past collective bargaining agreements, are rising at a rapid pace ' driven by weak projected returns on pension portfolios, strong growth in health care costs and aging baby boomers tipping the scale between the number of workers supporting each retiree.
A Financial Expert's View on e-Discovery and Financial Expert Challenges
January 26, 2007
In this edition, we offer you the first of a two-part article on the challenge of financial experts as witnesses in cases in which e-discovery is relevant. This month, our expert author from PricewaterhouseCoopers provides an overview of how a financial expert can help counsel in e-discovery and litigation strategy.
