The Complex Insurance Coverage Action's Case Management Process: From Complaint Until Trial --The Policyholder's Perspective
John E. James of Potter Anderson & Corroon LLP
Policyholders and their counsel often are under the impression that efficient litigation management is a one-sided affair. While the objective for them, as with virtually all plaintiffs, is to obtain recovery as soon as the administration of justice in a particular jurisdiction will permit, insurance companies and their counsel appear in many cases to seek the opposite.
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.
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.
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,.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Health Care Fraud and Abuse and Voluntary Disclosure
Gabriel L. Imperato of Broad and Cassel
The increased enforcement efforts of the state and Federal governments against those providers and suppliers who al.
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.
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.
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.
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.
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.
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.
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 .
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.