The New World of SEC Enforcement
David B. Bayless of Morrison & Foerster LLP
The Sarbanes-Oxley Act has provided the Enforcement Division of the Securities and Exchange Commission with significant new enforcement tools, including new causes of action, new remedies, and new regulators.
Representing the Media Personality*
Barry Oliver Chase of Law Office of Barry Oliver Chase, PA
Lawyers who represent successful clients in the entertainment industry will, sooner rather than later, be called up.
Health Industry Alert--July 15, 1999
Akin Gump Strauss Hauer & Feld LLP
The U.S. Department of Justice's war against health care fraud continues to escalate. Vice President Gore recently announced that the Clinton Administration will propose legislation designed to increase the arsenal of weapons used by federal prosecutors and investigators to combat "waste, fraud and abuse" by providers.
Off on the Wrong Foot
Paul D Fritz of Creative Dispute Resolution
(This article is reprinted from Verdict, 2nd Quarter, 1994, Pages 37-38) Using a "professional neutral" to help.
PROMISES PROMISES: When an attorney's predictions don't turn out as planned, can a disgruntled client sue for fraud
Jonathan B. Cole of Nemecek & Cole, A Professional Corporation
A potential client walks into an attorney's office and says he was subject to discrimination and fired from his job.
Dispute Resolution Agreements Helpful Now Should Attorney/Client Problems Develop Later
Dykema Gossett PLLC
Disputes between lawyers and their former clients have become increasingly common. Fee disputes often result in mal.
Corporate Counsel And The Corridors Of Power
Richard G. Stock and Lori Brazier of Lexpert
The brain centre of CIBC is physically located on the 56th floor of Toronto's Commerce Court West, which houses the nine desks of CIBC's key executive management in a dramatic, open-plan concept space. No walls separate these corridors of power. The centre of this matrix, naturally, is chief executive officer John Hunkin. Several desks down from Hunkin is Michael Capatides, CIBC's executive vice-president and general counsel.
Proving the Often Overlooked, Undervalued Head Injury Case
Law Office Of Kenneth I. Kolpan, P.C.
Suppose a 33-old man walks in your office, is pleasant and engaging and asks you to represent him. He appears to s.
Your Obligations as a Client
Leipold, Donohue & Shipe, L.L.P.
A lawsuit is a cooperative venture between a client and an attorney. If either side fails to fulfill his .
Will Willful Infringement Now Wilt aWay?
The "willful" infringement of a patent enables the plaintiff to collect treble damages, as well as attorneys' fees. On September 13, 2004, in Knorr-Bremse Systems Fuer Nutzfahrzeuge GmbH v. Dana Corp., the Federal Circuit overturned 18 years of precedent on how to establish willful infringement in patent cases. After reviewing about 24 amicus curiae briefs, the virtually unanimous en banc court held that when the attorney-client privilege and/or work-product privilege is invoked by a defendant in a patent infringement suit who had sought advice on infringement, it is inappropriate for the trier-of-fact to draw an adverse inference with respect to willful infringement when the opinion is withheld.
Sarbanes-Oxley and "Whistleblowing" by Corporate Lawyers ÃÂ The Untold Story
Thomas E. Spahn of McGuireWoods LLP
By now, every general counsel in America undoubtedly has received courtesy packets from their outside counsel summarizing the SEC's proposed regulations under Sarbanes-Oxley Section 307. However, no summary of the proposed regulations themselves can tell a complete story about the real issue at stake, how that issue has rocked the American Bar Association for decades, and how corporate lawyers (both inside and outside) must already wrestle with the ethics of "whistleblowing."
Practicing Defensively
Scott B. Piekarsky of Cetrulo & Capone LLP
In examining pending legal malpractice cases, one is able to identify common areas of claims and suits, and this .
Insurance Company Claim Files: Are They Discoverable?
Rick L. Hammond
TABLE OF CONTENTS BACKGROUND SUPREME COURT RULE 201 SUPREME COURT RULE 214 REQUEST FOR PRODUCTION OF CLAIMS.
Court Finds Attorney-Client Privilege Waived by Failure toPreserve Evidence When IP Enforcement WasContemplated
Nixon Peabody LLP
A recent decision in the long-running battle between Rambus and Infineon Technologies over the enforcement of Rambus's patents and Rambus's role in a standard-setting organization spells dire consequences for failure to preserve evidence when litigation to enforce intellectual property rights is contemplated. The decision also articulated a duty to preserve evidence in connection with anticipated intellectual property enforcement that has potentially sweeping breadth.
Battered Woman's Syndrome: Trial Tactics
David L. Raybin of Hollins, Wagster, Weatherly & Raybin, P.C.
Now that the battered woman syndrome (BWS) has gained recognition in Tennessee, the "defense" can serve as another tool to defend women accused of crime. Having been through a few of these trials, I have been asked to offer some suggestions which might be of assistance in this type of case.
Professionalism and Ethics: An overview of standards applicable to Delaware lawyers
Michael D. Goldman and Melony R. Anderson of Potter Anderson & Corroon LLP
This article will describe three sources of ethics applicable to Delaware lawyers: the recent rules propounded by the SEC under its directive from the Sarbanes-Oxley Act of 2002; the Delaware Rules of Professional Conduct ("DLRPC"), as modified by the Ethics 2000 initiative; and the Principles of Professionalism for Delaware Lawyers.
Prohibition On Ex Parte Communications With Former Employees
Tydings & Rosenberg LLP
In Camden v. State of Maryland, 910F. Supp. 1115 (D. Md. 1996), the United States District Court for the District oÃÂ
The Alcoholic Client
Nancy C. Wear of
This article is intended to help attorneys provide effective legal assistance to an alcoholic client whether that is the card that is face up (as in a DUI case), or face down (as in family law, bankruptcy, criminal law, or some other area of legal specialization).
Proposed Amendments To U.S. Sentencing Guidelines Portend Significant Changes To Corporate Compliance Programs
Thelen LLP
On April 30, 2004, the U.S. Sentencing Commission approved amendments to the U.S. Sentencing Guidelines with potentially significant implications for business organizations that administer compliance and ethics programs. In announcing that the amendments had been sent to Congress for approval, the Commission predicted that the new, tougher Guidelines "should lead to a new era of corporate compliance." The Guidelines will go into effect on November 1, 2004, unless Congress votes to reject them.
Corporate Governance Seminar. Seminar Summary of Speaker Michael J. Halloran of Pillsbury Winthrop LLP.
Michael J. Halloran of Pillsbury Winthrop Shaw Pittman LLP
Michael J. Halloran, Senior Partner of the corporate securities group at Pillsbury Winthrop LLP, and former General Counsel and Executive Vice President of Bank of America, was the Chair for the Corporate Governance program. He served as the moderator for the program and posed many hypothetical scenarios to the panelists to facilitate further discussion.
Wake Forest Establishes a New Clinic:The Legal Clinic for the Elderly
Law Office of Toni L. Sessoms
Law Kate Mewhinney, managing attorney of Wake Forest's new Legal Clinic for the Elderly, makes a con.
Thirteen Tips For Improving Client Relations
David L. Raybin of Hollins, Wagster, Weatherly & Raybin, P.C.
The most neglected person in any civil or criminal litigation is often the client. We spend so much time preparing for the case and dealing with the other lawyers and the court that we often forget about building a relationship with our own client.
The Legal Checkup - Preventative Medicine for Good Corporate Health
Tillinghast Licht LLP
Health-care providers generally encourage their patients to have regular checkups to spot potential problems before they develop into irreversible, or untreatable conditions. Periodic "legal checkups," or audits, which draw on preventive law techniques, can help corporations (such as hospitals, nursing homes, clinics, laboratories, physician groups, and therapists) anticipate, and guard against, potential legal problems, liabilities, and excessive costs.
Asset Protection Planning
Barry S Engel of Engel & Reiman P.C
Years ago, when asset protection planning was a new concept that was not well understood, many attorneys viewed it with suspicion. Some even questioned whether it was ethical. Today, however, the tables have turned. Asset protection planning has become a well-recognized area of practice.
Selection And Effective Use Of Environmental Consultants-Part II
Lee A. Chilcote of Arter & Hadden LLP
This article, which is the second in a series of three, discusses the request for proposal process, tips on how to review the responses to request for proposals as well as tips on how to interview the consultant.
Effective Case Management: How to Control Litigation Outcomes and Costs
Theodore M. Becker of Marcus, Perres & Campanale
This is the first in a series of three newsletters discussing how to control litigation costs through effect.
Good News for Employers: Good Faith Can Be Good Enough in Terminations
Brenda J. Frank of Wilson Sonsini Goodrich & Rosati
This article summarizes the 1998 California Supreme Court decision, Cotran v. Rollins Hudig Hall International. The author reviews the Cotran holding and implications of that decision on employers.
Bankruptcy--Current Issues and Impact on Other Practice Areas
Julio E. Mendoza of Nexsen Pruet
This article discusses the different types of bankruptcy law and how a bankruptcy action will impact pending litigation.
Sarbanes-Oxley "Hotline" Procedures: Who Should Be Doing the Listening?
Gavin B. Grover and Larry M. Spirgel of Morrison & Foerster LLP
Among the many obligations created by the Sarbanes-Oxley Act, there has recently been increased attention to the requirement to implement a "hotline" for confidential and anonymous complaints to the audit committee from whistleblower employees. Although these procedures are not required until at least 2004, many companies are moving for early adoption to show good corporate governance.
Working With Other Professionals
Tydings & Rosenberg LLP
Only through the use of experts can the family lawyer address the multitude of issues so as to present them to the .
The Legal Checkup: An Overlooked Tool
Michael Lee Hanks of Law Office of Michael L. Hanks
The only factor applicable to all business enterprises is the inevitability of change, whether in the form of growt.
Global Outsourcing Raising New Legal Issues
John Dieffenbach of Kaye Scholer LLP
Economic pressures on U.S. companies are forcing many to send unprecedented amounts of technology work to low-cost service providers overseas. Civil and international conflict combined with the pervasive threat of terrorism, however, raises three new areas where managers and lawyers must focus their attention: security, disaster recovery and privacy.
In House Counsel's Duty to Give "Miranda" Warnings to Corporate Officers and Employees
Timothy J. Dacey of Goulston & Storrs
This article discusses in-house counsel's ethical obligations in dealing with corporate officers and employees whose interests may be at odds with the corporation's. The discussion will focus on the attorney's obligations under the ABA's Model Rules of Professional Conduct, which have been adopted in a majority of states. The following scenarios, based loosely on real cases, illustrate the types of problems that counsel can encounter.
IRS Announces New Audit Program
Benjamin I. Delancy of Thelen LLP
This article discusses the creation of a new IRS tax audit task force.
Settlement or Trial?
Leipold, Donohue & Shipe, L.L.P.
More than 80% of all litigation ends in settlement short of a jury verdict. However, it is the risk of an.
Mass Disaster Victim's Guide
Missouri Bar Center
This article serves only as a guide to assist you in protecting your legal rights until you are able to decide on any further legal steps you may wish to take in the event of a mass disaster.
Internal Investigations
Songstad & Randall
It is no secret that employment related lawsuits have increased significantly over the years.
Justice Department and EPA Step Up Chemical Security Enforcement
Chris Locke,Deborah J. Schmall,Jon L. Benjamin and Ladd Cahoon of Farella Braun + Martel LLP
U.S. Attorney General John Ashcroft announced plans this month for stepped up inspections focusing on companies that fail to protect against possible terrorist attacks on pipelines, fuel storage tanks, chemical plants and drinking water facilities. Owners and operators can minimize both the vulnerability of their facilities and risk of severe fines and other penalties for non-compliance by conducting internal facility audits to identify deficiencies. The results of the audits can be protected from unwarranted disclosure under the attorney-client privilege, the attorney work product doctrine, and (in some jurisdictions) the self-evaluative privilege.
Lawyers Have Ethical Duty to Advise Clients of ADR
Dykema Gossett PLLC
Although the term "alternative dispute resolution" (ADR) does not appear in the Michigan Rules of Profess.
Common Issues Facing Corporate Compliance Officers
Thomas E. Boyle of Buchanan Ingersoll & Rooney PC
I. Our organization has uncovered a billing error that has been going on for some time within our organization.
Employment Law: New Decisions Redefine the Scope of Attorney-Client Privilege to Former Corporate Employees
Kaufman, Payton & Chapa
An issue that frequently arises in employment cases is whether the attorney for the plaintiff may contact employees.
Conducting an Internal Investigation in a Big Case: Avoiding Common Mistakes
Jacques M. Wood of Buchanan Ingersoll & Rooney PC
INTRODUCTION An organization confronted with an out-of-the-ordinary allegation of wrongdoing, raised either by an .
Ten Rules For Negotiating Business Transactions
George F. Eaton of Rudman & Winchell
I believe the most effective negotiating techniques for business transactions are slightly different than.
Most Recent Opinions Allow Lawyers to Send Client Confidences by E-Mail
Vernis & Bowling of Miami, P.A.
A growing number of jurisdictions have concluded that lawyers may ethically use ordinary, unencrypted electronic m.
Second Opinion or Cocktail Party Advice?
Michael Lee Hanks of Law Office of Michael L. Hanks
It is frequently true that attorney's opinions are based upon areas of uncertainty or ambiguity. Take for instance.
Revisiting the Turncoat Employee
Paul D. Williams of Day Pitney LLP
Reprinted from Vol. 40, No. 6, June 1998 issue of DEFENSE , The Magazine for Defense, Insurance and Corporate Cou.
Is Selective Waiver of Privilege Viable?
Richard M. Strassberg and Sarah E. Walters of Goodwin Procter LLP
The legal landscape regarding the privileged protections afforded counselÃÂs work has shifted in the wake of Sarbanes-Oxley and the post-Enron crackdown on white collar malfeasance. But the U.S. Courts of Appeals are split on the question of what effect the decision to share privileged communications with the government will have on the ability to protect those documents in the future.
Legal Department Priorities and Time Allocation: Who's In Charge?
Andrew Zangrilli of FindLaw M V
The slogan that corporate counsel live by is: THE COMPANY IS THE CLIENT. But with several--and oftentimes different--interests at the company, which particular party sets the company's legal priorities?
Corporate Tax Litigation in Canada
The most important event in Canadian tax litigation was the decision of the Supreme Court of Canada on June 24, 2004, to hear two tax cases involving the general anti-avoidance rule ("GAAR"). The cases, Kaulius v. The Queen1 and The Queen v. Canada Trustco Mortgage Company,2 will be the first cases heard by the Supreme Court of Canada where GAAR is the central issue.
Joint-Defense Agreements -- The Hidden Dangers
Patrick M. Ryan of Thelen LLP
You've been asked to enter into a joint-defense agreement. It seems to make sense from the perspective of a zealous advocate - it may greatly benefit your client by allowing the attorneys to pool knowledge, expertise and resources. But have you considered all of the potential dangers of a joint-defense agreement from the perspective of your own legitimate self-interest?
Unleashing The Marketing Power of Extranets
Laurence Bodine
This article reviews the positive impact a firm's extranet can have on client development.
Con: It's not Our Job
Steven C. Krane*
Lawyers have traditionally been able to provide their clients with dispassionate legal advice based on a full understanding of the relevant facts. Because of the evidentiary privilege that attaches to attorney-client communications, and the strict ethical obligations of confidentiality in effect in all disciplinary jurisdictions in the United States, clients are allowed and encouraged to be completely candid with counsel.
Evaluating Experience: The Key to Successful Selection of Outside Counsel
Steve Noel of FindLaw M V
Beyond simply covering their employer's legal exposure, in-house corporate counsel increasingly must consider the public relations, financial and personal implications associated with getting the right or wrong advice from outside counsel. FindLaw® recently launched the Thomson Legal Record, a first-of-its kind resource designed to help in-house corporate attorneys make more informed decisions when hiring outside counsel. TLR enables users to research and verify an attorney's realworld litigation experience by combining a high-level view of an attorney's litigation history from Westlaw, an attorney's West Legal Directory® profile, and published articles on FindLaw.com.
Summary of Important New Tax Legislation
Frederick W. Richards, P.A.
As I am sure you are aware, a number of significant changes have been made to the tax laws in recent years.
Ethical Dilemmas of Representing a Suspected and/or Confirmed Liar
Rick L. Hammond
TABLE OF CONTENTS BACKGROUND OVERVIEW OF THE INSURER'S RIGHT TO EXAM ITS INSURED Your Duties After Loss. AL.
Del. Court Rules on Privilege Issues Posed By Lawyer's Multiple Roles in Corporation
Cadwalader, Wickersham & Taft LLP
The Delaware Chancery Court recently provided guidance on analyzing claims of attorney-client privilege in the cont.
Federal Circuit Abolishes Negative Inference from Willful Patent
James M. Smith and Daniel B. Pollack of Squire, Sanders & Dempsey L.L.P.
In a landmark decision, the Court of Appeals for the Federal Circuit overruled a long-standing precedent relating to willful patent infringement. In Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmBH v. Dana Corp., 383 F.3d 1337, 1341 (Fed. Cir. 2004) ("Knorr-Bremse"), the Federal Circuit abolished the negative inference that an opinion of counsel was or would have been unfavorable if an alleged infringer fails to produce or obtain an exculpatory opinion of counsel in response to a charge of willful patent infringement.
Missouri Lawyer Referral Service
Missouri Bar Center
This article covers aspects of the lawyer referral service.
Criminal Background Checks In Hiring Decisions
Tanya A. Salgado of White and Williams LLP
In Pennsylvania, the use of criminal background checks in making hiring decisions is governed by 18 Pa.C.S. 9125, part of the Criminal History Record Information Act, 18 Pa.C.S. 9101-9181.
Screening a Medical Malpractice Case: A Practical Approach
Andy M. Custer of Law Offices of Andy M. Custer
It has been reported in the literature that most cases of medical malpractice do not result in legal intervention.
Lifting The Vail: Federal Trade Commission Determines That The Fair Credit Report Act Applies To Workplace Sexual Harassment Investigations
Teresa Butler and Bryan L. Tyson of Littler Mendelson, P.C.
This article provides a quick overview of the scope and coverage of the FCRA and its potential effect on sexual harassment and other workplace investigations.
Does the Attorney-Client Privilege Protect Information Shared with Investment Bankers?
Elinor R. Hoffmann of Coudert Brothers LLP
Imagine yourself in the midst of a major international deal. A European-based corporation and your client, a U.S.
Meet Your Lawyer
Missouri Bar Center
This article provides a quick overview of who your attorney really is.
Mediating Probate Disputes or Herding Cats
John V. Dowdy of John V. Dowdy Jr., P.C.
The Texas Alternative Dispute Resolution Procedures Act (Texas Civil Practice and .
White Collar Crime: Department of Justice Issues Guidance to U.S. Attorneys Regarding Criteria for Criminally Charging Corporations
J. Michael Nolan of Day Pitney LLP
This article summarizes the Department of Justice's guidance policies relating to whether U.S. Attorneys should criminally charge corporations for white collar crime.
IP Litigation Strategies: Patents: Markman Hearings (Part 2)
William J. Robinson of Foley & Lardner LLP
Bill Robinson, a Partner at Foley & Lardner, presented a discussion on managing costs in IP Litigation. IP Litigation, particularly patent litigation, has seen tremendous expansion, both in terms of amounts that clients have at stake and the price of participating in an IP case.
Environmental, Health & Safety Audits and the Self-Evaluative Privilege
Buchanan Ingersoll & Rooney PC
The proliferation of environmental laws and regulations by federal, state and local governments beginning in the ea.
Corporate-Attorney Client Priviledge
Sidney L. Ravkind of The Ravkind Firm
At a recent seminar conducted by the Association of Corporate Counsel of America (ACCA), the lesson being taught wa.
Meeting Expectations--Even When Busy
Richard N. Drake of Womble Carlyle Sandridge & Rice, PLLC
Interestingly, I have received the most feedback on the columns I have written in the last year on the December col.
Could Your Sexual Harassmant Investigation be Subject to the Requirements of the Fair Credit Reporting Act?
Pillsbury Winthrop Shaw Pittman LLP
Yes, according to a recent opinion letter from the Federal Trade Commission (FTC). Why should you be concerned .
Innocent Until Proven Indigent
Randy Wilson, Attorney at Law
Most of us at one time or another have been trapped in the "halls of justice" by a bailiff, court reporter.
What to Expect From Your Attorney
Leipold, Donohue & Shipe, L.L.P.
Everyone has heard a million lawyer jokes, but you have the right to expect more from your lawyer than a .
Preventing Legal Problems For Contractors
White & Horton
The cornerstone of my practice is quality relationships with my clients. My practice includes not only solving my .
The Internal Revenue Service Restructuring and Reform Act of 1998
Riker Danzig Scherer Hyland & Perretti LLP
This report focuses on the changes made by the Internal Revenue Service Restructuring and Reform Act of 1998.
Your Personal Injury Claim--Frequently Asked Questions
Michael Strom Medlock of Michael S. Medlock, P.A.
Q. How do I know if I have a claim that I should take to a lawyer? If you have been injured to the extent that .
Safe Communication: Guidelines for Creating Corporate Documents That Minimize Litigation Risks
Joseph F. Falgiani of Sedgwick, Detert, Moran & Arnold LLP
Products liability defense cases are particularly vulnerable to "bad" company documents. A company trying to manage the risks presented by bad documents needs more than a document retention program. It requires an educated work force that understands the risks that are created whenever anything is written down in the workplace, either in paper or electronic form. This article suggests a program to educate employees and raise their consciousness about the litigation risks attendant to the creation of documents.
JCAHO Sentinel Events Policy -- Advantages, Disadvantages of Self Reporting
Waller Lansden Dortch & Davis LLP
The Joint Commission on Accreditation of Healthcare Organizations' (JCAHO) revised Sentinel Events Policy is now in.
Criminal Consequences Of Concealing Assets in Bankruptcy
Paul Hollender of Corash & Hollender, P.C.
Clients often have misconceptions when it comes to "pre-bankruptcy planning". For example, a client advised that.
How Can You Defend the "Guilty"?
John D. Lueck of Law Offices of John D. Lueck
When I speak publicly about my work as a criminal defense lawyer, I am often asked "How can you defend someone you .
Massachusetts Evidentiary Privileges
Paul E. Nemser of Goodwin Procter LLP
This book describes in detail the Massachusetts law of evidentiary privileges, as well as related disqualifications and protections. It also sketches out the federal law of evidentiary privileges, with emphasis on cases from the First Circuit Court of Appeals and the U.S. District Court for the District of Massachusetts, to point up differences and similarities with Massachusetts law.
Litigation Corner
Lonnie J. Williams of Quarles & Brady LLP
A recent survey found that labor and employment-related litigation is a top concern of many companies. In response we have created this Litigation Corner and will from time-to-time provide our readers with practical suggestions for reducing their litigation risks. Today's inaugural feature contains suggestions about e-mails and the danger in believing that e-mails to and from the human resources department somehow are privileged.
Insurance Law: Third Party Coverage in Texas Ethical Considerations in Third Party Insurance Coverage
Liability insurance policies generally provide benefits to an insured in the form of the insuranc.
Corporate Scandals: Four Questions
Daniel J. DiLucchio and Marci Krufka of Lexpert
With a few exceptions, in-house lawyers have fared much better than most other stakeholders in the many corporate scandals that have occurred this year. Accountants, CEOs, investment bankers and stock analysts have undergone much public scorn and scrutiny. We have heard about Nancy Temple, the Andersen lawyer whose revised memo provided the jury with sufficient evidence of intent to find Andersen guilty in its criminal trial.
Federal Antikickback Convictions Chill Hospital-Physician Contractual Relationships
Broad and Cassel
IN United States v. Anderson, No. 98-20030 (D. Kan. transcript filed Mar. 9, 1999) ("Anderson"), a federal jury con.
Environmental Issues in Real Estate Transactions
Barry Needleman of McLane, Graf, Raulerson & Middleton, P.A.
Environmental issues routinely arise in all types of real estate transactions, from the sale individual residences to the transfer of large commercial and industrial facilities. Managing the associated risks is almost always possible. The bigger challenge tends be initially spotting environmental issues. Failure to identify and address such issues may result in parties unknowingly assuming substantial liabilities.
Expunctions
Ball & Hase
Can I have my criminal record erased? What is an expunction? An expunction is a lawsuit asking a District Court.
Labor & Employment Update--January 1999
Brobeck Phleger & Harrison LLP
This report contains articles entitled: Court Stays Enforcement of Domestic Partner Benefits Ordinance; Employer's Affirmative Defense That Investigation of Claimed Harassment Does Not Waive Privilege; Tester Posing as Job Seeker Does Not Have Standing to File Lawsuit for Hiring Discrimination; Employment Arbitration Agreements Survive Recent California Legislative and Judicial Challenges; and U.S. Supreme Court Agrees to Decide if a Plaintiff's Social Security Statements Bar ADA Claims.
Corporate Audit Committee Responsibilities: Special Investigations
Michael J. Halloran and David A. Anderson of Pillsbury Winthrop Shaw Pittman LLP
When dealing with special investigations, a key area of concern for general counsel is whether to bring in outside law firms to assist the audit committee, or whether the investigation can be handled in-house. In most cases, the advice of outside counsel working directly for the audit committee, completely independent from any prior dealings with the company, is invaluable. Similarly, the advice of an independent forensic auditor with no prior involvement in the company's financials is crucial.
Federal Trade Commission Formal Interpretation Regarding Attorney-Client Communications Under the Hart-Scott-Rodino Antitrust Act
Federal Trade Commission
Federal Trade Commission Formal Interpretation Number 8 which discusses the treatment of attorney-client communications in the pre-merger notification rules under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
Develop a "First Mover" Advantage
Patrick J. McKenna
This article discusses how a competitive advantage may be obtained by moving aggressively into new practice areas ahead of other firms.
Missouri Paralegal's
Missouri Bar Center
The purpose of this brochure is to help you understand what a paralegal is and the role he or she may play in your case.
Starting your own Practice, Starting with Yourself
Jenice L. Malecki of Malecki Law
The most valuable assets to any practice are the lawyers that make up that practice. It sounds basic, but can be easily overlooked and underestimated. Everything you need to be successful is in your reach, but you must reach out to get it.
Business Globalization
Daniel J. DiLucchio and Rees W. Morrison of Lexpert
For more and more US law departments, serving clients means serving clients based in foreign countries or handling matters outside the United States. For years, globalization has necessitated that larger law departments deal with international legal problems.
The ABC's of Divorce
R. Miles Mason of Crone & Mason PLC
When a client enters a divorce lawyer's office for the first time, the client's natural tendency is to ask about .
Pennsylvania Considers New Confidentiality Privilege for Insurers
Saul Ewing LLP
The Commonwealth becomes the 23rd state to consider industry-sponsored legislation to create a so-called "self-crit.
Setting Transfer Prices Wisely
Stephen M. Hudspeth of Coudert Brothers LLP
For companies with operations in the United States, there are new developments in the area of US taxation that you.
Preventive Law--The Legal Health Audit
Brian S. Jablon of Saltzman & Jablon, LLC
As a lawyer who has been trying business cases for a number of years, I am sharply aware of the.
Statements before Joint Defense Agreement Reached Not Privileged
Rosenman & Colin LLP
In affirming a conviction for obstruction of justice and perjury against the former Chief Financial Officer of E.
The Attorney-Client Relationship
Missouri Bar Center
This article details the expectations present within an attorney-client relationship.
In House Counsel and the Attorney Client Privilege
Michael A. Lampert of Saul Ewing LLP
When it comes to the successful assertion of the attorney-client privilege, any litigator currently active can tel.
Tax and Estate Planning for the Nouveaux Riches
Lucy MacMillan of Lexpert
One of the most enduring stereotypes in the legal profession, as well as in the public mind, is that of the private client solicitor.
How To Find A Lawyer In Florida
This publication explains how to find a lawyer in Florida.
High Court Rules on Discovery Application
O'Neal, Webster, O'Neal, Myers, Fletcher & Gordon
On July 8, 1998 Mr. Justice Stanley A. Moore, judge of the BVI High Court of Justice, handed down a written decisio.
An Update On Conflicts And Ethical Issues
Mark P. Hodkinson of Bassford Remele A Professional Association
Minnesota recently addressed the issues related to the use of e-mail, a.
Employer Beware: The Fair Credit Reporting Act Applies to Employee Misconduct Investigations
Momkus McCluskey, LLC
In 1996, Congress passed the Consumer Credit Reporting Reform Act, Public Law 104-208, which broadened the Fair Cre.
E-Mail and Attorney-Client Privilege
Tew & Associates
In today's business world, e-mail is virtually indispensable. Because e-mail is such an instantaneous, affordable,.
Common Sense Tips For Avoiding Litigation
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
Without doubt, there are usually appropriate reasons for litigation, and it is sometimes the best approach for resolving a dispute. For purposes of this article, though, we discuss some of the common reasons why disputes often result in litigation, which, had they been properly managed, could have been avoided.
Auditing in Legal Services
Richard G. Stock of Lexpert
Scott Fargason maintains that lawyers waste considerable resources. As a lawyer and a CPA in the U.S., he claims that "there is ample opportunity for auditors to dramatically improve the efficiency and effectiveness of in-house and external legal counsel." He has collaborated with The Institute of Internal Auditors (IIA) to produce a development and practice aid for the IIA, as part of its Preferred Practices Framework for Internal Auditing.
The Forgotten Trial
Randy Wilson, Attorney at Law
More often than not, the punishment phase of a trial is treated like the "stepchild".
Labor & Employment Update--January 1998
Brobeck Phleger & Harrison LLP
This update contains articles entitled: You Snooze, You LoseÃÂEmployer Loses Right To Arbitrate Because Of Delay; At-Will Employers Have The Right To Unilaterally Change Wage Rate; Workplace Investigations Conducted By Attorneys May Not Be Privileged; EEOC Issues New Guidance for Contingent Workforce; and Cop's Sensitivity To "Noogie" Is Not A Disability.
PARALEGAL PERSPECTIVE: Preparing a Client for Bankruptcy
Cooper & Forbes
Virtually all attorneys and/or law firms have their own procedure in preparing to take a potential client through a.
Attorney Conduct: The Impaired Client
Jerome Fishkin
Although California disagrees with the ABA rule, there is authority that would permit an attorney to seek guardianship of his or her client if the attorney reasonably believes the client cannot protect his or her own interests.
Indicting of Lawyers in a Medicare Kickback Case
Cadwalader, Wickersham & Taft LLP
A MAJOR FEDERAL prosecution in Kansas involving alleged kickbacks paid by hospitals to referring physicians has tak.
Year 2000: Factors to Consider in Selecting Outside Counsel
Paul Finigan and Larry Engel of Brobeck Phleger & Harrison LLP
The Year 2000 computing problem has become, or should have become, a high priority item for business leaders worldwide.
Attorney-Client Privilege
Edward M. Andries and Chu, Harold of Carr Maloney P.C.
In a landmark decision, the United States Supreme Court today clarified the scope and duration of the .
Lawsuit or Life? A wrongful termination case demonstrates how both the utility and the limitations on legal advice operate in the real world of lawyering.
Jeff Kichaven of Jeff G. Kichaven
A classic bit of business of the Jack Benny Program involved a masked hoodlum accosting the comic and his friends .
Hiring an Attorney for DWI Prosecution
Law Office of William Kueffner
Faced with a DWI, especially a first offense, it would be natural to ask "Do I need to hire an attorney?".
Attorney Client Privilege And Lawyer's Role As Investigator
Hughes Watters Askanase, L.L.P.
In recent years, attorneys have taken a more active role in investigating subrogation potential. One purpose of hav.
Inadvertent Disclosure of Privileged Information
Jonathan B. Cole of Nemecek & Cole, A Professional Corporation
It is every lawyer's worst nightmare. "The" memo - the one directed to the client analyzing in detail the strength.
The Attorney-Client Privilege: Slicing The Lines of Distinction More Thinly
Wendelynne J. Newton of Buchanan Ingersoll & Rooney PC
The significant cases decided in the attorney-client privilege area in the last year or so clearly reflect an evolu.
What Should You Expect From Your Attorney?
Michael Lee Hanks of Law Office of Michael L. Hanks
The purpose of this column is to improve the relationship between attorneys and clients. I hope that by providing .
Lawyer Communications With Judges, Jurors, Witnesses, And Parties
Richard G. Barrows
This piece in question-and-answer format addresses basic questions about attorney communications with persons other than the client.
Watch SOX or You Could Lose Your Shirt
John A. Granda
Corporate accountability was the driving force for the Sarbanes-Oxley Act of 2002. With its signing, it simultaneously animated related regulatory and stock exchange rulemaking and enforcement actions.
Avoiding the Mindfields when Conducting an Internal Investigation of an Organization
Gabriel L. Imperato of Broad and Cassel
The recent rash of federal and state government initiated investigations of health care fraud, including those agai.
Willfulness Opinions
John C. Englander of Goodwin Procter LLP
Willfulness opinions are legal opinions that a particular product does not infringe, or that a patent is invalid or unenforceable. The need for willfulness opinions arises from substantive patent law, which establishes treble damages for willful infringement and makes the existence of a legal opinion relevant in defending against a claim of willful infringement.
Using Patents In Products Liability Cases
John C. Cabaniss of Cabaniss Law Office
Several years ago I represented a child who received serious facial scars when he was thrown from a Yamaha Trimot.
Employers Beware--MCAD Revamps Procedural Regulations
Nixon Peabody LLP
This article discusses the Massachusetts Commission Against Discrimination newly revamped procedural regulations which establish a vastly different case-handling procedure for discrimination actions.
Divorce Checklist
John Maksimovich
This itemized list is a good tool for knowing what documents an attorney requires when representing a client in dissolution proceedings.