Privileges and In-House Counsel: A User s Guide
|
|
- Valerie Charles
- 6 years ago
- Views:
Transcription
1 Privileges and In-House Counsel: A User s Guide William M. Bosch, Arnold & Porter Kaye Scholer Thomas C. Indelicarto, VeriSign Inc. Robert N. Weiner, Arnold & Porter Kaye Scholer January 11, 2017 apks.com Arnold & Porter Kaye Scholer LLP All Rights Reserved.
2 Contact Information William M. Bosch Thomas C. Indelicarto Robert N. Weiner
3 Everything I tell you is totally confidential, no matter how heinous, right? 3
4 Purpose of the Privilege to encourage full and frank communication between attorneys and their clients.... [S]ound legal advice or advocacy serves public ends and such advice or advocacy depends upon the lawyer's being fully informed by the client. Upjohn Co. v. United States, 449 U.S. 383, 389 (1981) BUT The privilege is an obstacle to the investigation of the truth. 8 J. WIGMORE, EVIDENCE 2291, at 554 (McNaughton Rev. 1982) 4
5 Elements of the Privilege A communication Made between privileged persons In confidence For the purpose of obtaining or providing legal assistance for the client Restatement (Third) of the Law Governing Lawyers 68 (2000) 5
6 Elements of the Privilege A communication 6
7 Communication "[T]he protection of the privilege extends only to communications, and not to facts. A fact is one thing and a communication concerning that fact is an entirely different thing. The client cannot be compelled to answer the question, 'What did you say or write to the attorney?' but may not refuse to disclose any relevant fact within his knowledge merely because he incorporated a statement of such fact into his communication to his attorney. Upjohn Co. v. U.S., 449 U.S. 383, (1981) quoting Philadelphia v. Westinghouse Elec. Corp. 205 F. Supp. 830, 831 (ED Pa. 1962) 7
8 Elements of the Privilege A communication Made between privileged persons 8
9 Privileged Persons the client..., the client s lawyer, agents of either who facilitate communications between them, and agents of the lawyer who facilitate the representation. Restatement (Third) 70. 9
10 Who is the Client? Control Group Test Subject Matter Test 10
11 Who is the Client? Rule 1.13(a) VIRGINIA RULES OF PROFESSIONAL CONDUCT: DC, VIRGINIA, MARYLAND A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents. 11
12 Who is the Client? Rule 1.13(a) Comment [2] DC, MD, VA RULES OF PROFESSIONAL CONDUCT When one of the constituents of an organizational client communicates with the organization s lawyer in that person s organizational capacity, the communication is protected by Rule 1.6. Thus, by way of example, if an organizational client requests its lawyer to investigate allegations of wrongdoing, interviews made in the course of that investigation between the lawyer and the client s employees or other constituents are covered by Rule 1.6. This does not mean, however, that constituents of an organizational client are the clients of the lawyer. The lawyer may not disclose to such constituents information relating to the representation except for disclosures explicitly or impliedly authorized by the organizational client in order to carry out the representation or as otherwise permitted by Rule
13 Former Employees A former agent is a privileged person under... if, at the time of communicating, the former agent has a continuing legal obligation to the principal-organization to furnish the information to the organization's lawyer. The scope of such a continuing obligation is determined by the law of agency and the terms of the employment contract. Restatement (Third) 73, comment e. 13
14 Whistleblowers 14
15 Who Decides? Who can invoke the privilege? Who can waive the privilege? 15
16 Subs and Affiliates Parent Subsidiary Subsidiary Joint Venture Subsidiary 16
17 Elements of The Privilege A communication Made between privileged persons In confidence 17
18 Rule 1.6(a) VA Rules of Professional Conduct A lawyer shall not reveal information protected by the attorney-client privilege under applicable law or other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b) and (c). 18
19 Rule 1.6(a), (b) DC Rules of Professional Conduct (a) Except when permitted under paragraph (c), (d), or (e), a lawyer shall not knowingly: (1) reveal a confidence or secret of the lawyer s client; (2) use a confidence or secret of the lawyer s client to the disadvantage of the client; (3) use a confidence or secret of the lawyer s client for the advantage of the lawyer or of a third person. (b) Confidence refers to information protected by the attorneyclient privilege under applicable law, and secret refers to other information gained in the professional relationship that the client has requested be held inviolate, or the disclosure of which would be embarrassing, or would be likely to be detrimental, to the client. 19
20 Rule 1.6(a) MD Rules of Professional Conduct A lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b). 20
21 Rule 1.6(a) Comment [3a] VA Rules of Professional Conduct The rules governing confidentiality of information apply to a lawyer who represents an organization of which the lawyer is an employee. 21
22 Confidentiality Three may keep a secret, if two of them are dead. Benjamin Franklin, Poor Richard's Almanack 22
23 Need to Know Disclosure allowed only to: a) privileged persons... ; and b) other agents of the organization who reasonably need to know of the communication in order to act for the organization. Restatement of the Law Governing Lawyers 73 23
24 Precautions 24
25 Precautions 25
26 The Cloud 26
27 Acting Competently to Preserve Confidentiality Model Rules 1.6(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. [18] The unauthorized access to, or the inadvertent or unauthorized disclosure of, confidential information does not constitute a violation of paragraph (c) if the lawyer has made reasonable efforts to prevent the access or disclosure. 27
28 Confidentiality in the Cyber-age Just be Reasonable 28
29 Cybersecurity 29
30 Reasonableness Factors Sensitivity of the information Likelihood of disclosure if additional safeguards are not employed Cost of employing additional safeguards Difficulty of implementing the safeguards, and the extent to which the safeguards adversely affect the lawyer s ability to represent clients (e.g., by making a device or important piece of software excessively difficult to use) 30
31 Threats and Best Practices Social Media Cloud Services Personal Devices 31
32 Disclosures to Co-Defendants Community of Interest Joint Representation 32
33 Privilege Legend PRIVILEGED AND CONFIDENTIAL 33
34 Elements of the Privilege A communication Made between privileged persons In confidence For the purpose of obtaining or providing legal assistance for the client 34
35 Business v. Legal Advice [I]f in-house counsel is involved, the presumption is that the attorney's input is more likely business than legal in nature. As a result, most of these courts apply heightened scrutiny to communications to and from inhouse counsel in determining attorney-client privilege. Kincaid v. Wells Fargo Securities, LLC, 2012 WL (N.D. Okla. 2012), at *2. 35
36 Improving the Odds Use attorney s legal title rather than managerial title Include privilege legend, e.g., Privileged and Confidential Identify communication as legal advice or a request for it 36
37 Improving the Odds You have asked for legal advice on... In order to render legal advice to the company on the Maxwell project, I need... Because your current project implicates a number of legal issues, I am requesting your input on... 37
38 Improving the Odds Use attorney s legal title rather than managerial title Include privilege legend, e.g., Privileged and Confidential Identify communication as legal advice or a request for it Designate attorney as primary recipient, not a cc. Do not cc other employees unless necessary Clearly articulate the legal purpose of communications Frame facts and business aspects in the context of legal issues Avoid mixing legal and business questions 38
39 Improving the Odds... meeting with him in order to give legal advice to the Company, that our meeting was subject to the Company s attorney-client privilege, and that the Company customarily asserted the privilege over attorneyclient communications, but it was the Company s decision whether to do so here. I told him that he should treat our discussion as confidential. 39
40 In-House Counsel Privilege Internationally Country In-House Privilege? Australia China European Union France Germany India Japan South Korea Mexico Russia Turkey United Kingdom Yes Same basic rules as for outside counsel No No No Follows EU law No Follows EU law No Cannot practice as Advocates Yes Same basic rules as for outside counsel Yes If admitted to Korean Bar Yes Same basic rules as for outside counsel No But cannot disclose confidences to third parties No In-house lawyers not independent Yes Same basic rules as for outside counsel 40
41 Work Product Doctrine Protects from discovery documents or material things prepared: In anticipation of litigation or for trial; and By or for a party or by or for a party s representative 41
42 Work Product Doctrine Attorneys mental impressions receive greater protection 42
43 Work Product Doctrine I interviewed Mr. Trainwreck in anticipation of litigation regarding the [subjects discussed]. This memo does not reflect a verbatim transcript of our discussion, but rather reflects my legal judgment and mental impressions, including my selection of the legally salient parts of our conversation. 43
44 Your Obligation Seal up your lips, and give no words but mum: The business asketh silent secrecy. Henry VI, Part II, Act I, Scene 2 44
45 Questions & Discussion 45
46 Speaker Biographies William Bosch (Partner, Arnold & Porter Kaye Scholer) is an accomplished trial lawyer whose practice is largely focused on the representation of real estate owners and developers, as well as high-end funds that invest in real estate projects. He leads the firm s Real Estate Litigation practice and co-leads the firm's interdisciplinary Hospitality practice. Mr. Bosch has handled precedent-setting litigation and arbitration across the United States and internationally involving valuation issues, the enforcement and termination of hotel management agreements (including disputes involving most of the major hotel operators), complex lease structures, development agreements, and issues of fraud and racketeering, breach of contract, fiduciary duty, accounting, cost allocations, unfair trade practices, personal services, and agency. He also formulates and executes strategic plans to help clients navigate commercial and intellectual property challenges across a range of other industry sectors, including life sciences, IT, financial services, and consumer products. Thomas Indelicarto (Executive Vice President, General Counsel and Secretary, VeriSign Inc.) leads the law department in providing legal advice and services, as well as corporate secretarial support, to Verisign including the Board of Directors. Tom has held various positions within Verisign s law department since January Prior to that, he worked in private practice at law firms in Washington, DC and Pennsylvania, and before that he was a US Army officer for nine years. He holds a JD from the University of Pittsburgh and a BS from Indiana University of Pennsylvania. Robert Weiner (Partner, Arnold & Porter Kaye Scholer) has significant experience as a trial lawyer, appellate advocate, and legal strategist in complex litigation. He is skilled in developing creative legal approaches to bring cases to a quick, cheap, and successful resolution. Rob s long experience representing business and sovereign clients in litigation, and his three tours of duty as a government lawyer, have honed his ability to deal with the regulatory, tactical, and constitutional issues arising when the federal government is, or may become, a party in litigation. From , he was Associate Deputy Attorney General at the US Department of Justice, where his principal responsibility was to oversee the defense of the Affordable Care Act. He also handled sensitive negotiations with a foreign government involving bank secrecy, and dealt with or headed-off difficult issues across the range of the Department s matters. He also has served as Senior Counsel in the White House Counsel s Office, and as an Associate Independent Counsel. 46
IN-HOUSE COUNSEL AND PRIVILEGE ISSUES. B. John Pendleton, Jr. DLA Piper LLP (US) 21 September 2012
IN-HOUSE COUNSEL AND PRIVILEGE ISSUES B. John Pendleton, Jr. DLA Piper LLP (US) 21 September 2012 Objective The goal of the company is to take maximum advantage of the attorneyclient privilege and related
More informationDavid J. Bright MAINTAINING THE ATTORNEY-CLIENT PRIVILEGE DURING COMMUNICATIONS BETWEEN IN-HOUSE COUNSEL AND CORPORATE EMPLOYEES
MAINTAINING THE ATTORNEY-CLIENT PRIVILEGE DURING COMMUNICATIONS BETWEEN IN-HOUSE COUNSEL AND CORPORATE EMPLOYEES David J. Bright Direct Number: (515) 286-7015 Facsimile: (515) 286-7050 E-Mail: djbright@nyemaster.com
More informationWhat Keeps You Up at Night?
What Keeps You Up at Night? Issues of Fraud and Abuse Compliance Series Keeping In House Out of the Doghouse Invoking the Attorney- Client Privilege 37 Offices in 18 Countries 2 Keeping In House Out of
More informationPENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE RESOLUTION
PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE RESOLUTION WHEREAS, it is the charge of the PBA Legal Ethics and Professional Responsibility Committee to review and
More informationTechnology and the Threat to the Attorney- Client Privilege Suzanne Valdez
Technology and the Threat to the Attorney- Client Privilege Suzanne Valdez May 17-18, 2018 University of Kansas School of Law Technology and the Threat to the Attorney-Client Privilege Recent Developments
More informationAttorney-Client Privilege Tips for In-house Counsel
Attorney-Client Privilege Tips for In-house Counsel Christos Yatrakis Arrow Electronics, Inc. John A. Basinger Saul Ewing LLP July 19, 2017 Attorney-Client Privilege: The Basics Elements An attorney-client
More informationThe Trusted Advisor's Dilemma: Maintaining the Attorney Client Privilege as In-House Counsel. The Attorney-Client Privilege
The Trusted Advisor's Dilemma: Maintaining the Attorney Client Privilege as In-House Counsel Labor & Employment Law Seminar June 9, 2011 Linda Walton Chelsea Dwyer Petersen The Attorney-Client Privilege
More informationSELECT ILLINOIS RULES OF PROFESSIONAL CONDUCT
ILLINOIS SUPREME COURT COMMISSION ON PROFESSIONALISM The Buck Stops Here: Ethics and Professionalism for In-House Counsel SELECT ILLINOIS RULES OF PROFESSIONAL CONDUCT The Rules listed below are those
More information[PROPOSED] ORDER IN THE COMMONWEALTH COURT OF PENNSYLVANIA. League of Women Voters of Pennsylvania, et al., ) Petitioners, )
Received 12/10/2017 11:43:42 AM Commonwealth Court of Pennsylvania Filed 12/10/2017 11:43:00 AM Commonwealth Court of Pennsylvania 261 Mu 2017 IN THE COMMONWEALTH COURT OF PENNSYLVANIA League of Women
More informationInternal Investigations: Practical and Ethical Concerns Facing In-House Counsel
Internal Investigations: Practical and Ethical Concerns Facing In-House Counsel Presented by: Colin Folawn and Brian Keeley December 10, 2014 Caveats Not intended to create an attorney-client relationship
More informationEthical Issues Facing Corporate Counsel
December 8, 2016 Ethical Issues Facing Corporate Counsel Best Practices Solutions Michael P. McCloskey, Partner James R. Edwards, SVP, GC, & David J. Aveni, Senior Counsel Corporate Secretary Wilson Elser
More informationEthical Issues for In House Counsel
Ethical Issues for In House Counsel Introduction to Internal Investigations and the Ethics Considerations Involved Nancy DePodesta, Esquire Michelle N. Lipkowitz, Esquire Introduction: What Prompts an
More informationLegal Ethics of Metadata or Mining for Data About Data
Legal Ethics of Metadata or Mining for Data About Data Peter L. Ostermiller Attorney at Law 239 South Fifth Street Suite 1800 Louisville, KY 40202 peterlo@ploesq.com www.ploesq.com Overview What is Metadata?
More informationPENNSYLVANIA BAR ASSOCIATION COMMITTEE ON LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY FORMAL OPINION
PENNSYLVANIA BAR ASSOCIATION COMMITTEE ON LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY FORMAL OPINION 2010-200 ETHICAL OBLIGATIONS ON MAINTAINING A VIRTUAL OFFICE FOR THE PRACTICE OF LAW IN PENNSYLVANIA
More informationThe attorney-client privilege
BY TIMOTHY J. MILLER AND ANDREW P. SHELBY TIMOTHY J. MILLER is partner and general counsel at Novack and Macey LLP. As co-chair of the firm s legal malpractice defense group, he represents law firms and
More informationManaging a Corporate Crisis:
Managing a Corporate Crisis: Strategies for Containing a Crisis and Controlling the Public Narrative While Meeting Ethical Obligations and Maintaining Privilege June 15, 2017 Vincent Cohen Hector Gonzalez
More informationMany Hats, One Set of Rules: Ethical Beartraps for In-House Counsel
Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but may be representative of clients 777 E. Wisconsin Ave, Milwaukee,WI 53202 414.271.2400 Many Hats, One
More informationAttorney-Client Privilege for the Compliance Officer:
Attorney-Client Privilege for the Compliance Officer: Who has it? When do you have it? How do you keep it? April 22, 2014 Marsha Gerber (Moderator) Partner Norton Rose Fulbright (713) 651-5296 Marsha.gerber@nortonrosefulbright.com
More informationPreparing the Lawyer to Be the Witness
Preparing the Lawyer to Be the Witness Presented by Sam Ramer (Counsel and VP, Government Relations, Symplicity Corporation), Leslie B. Kiernan (Partner, Akin Gump), Kristine L. Sendek-Smith (Partner,
More informationEthical Implications in a Big Data Environment. September 29, :00 2:00 PM
Ethical Implications in a Big Data Environment September 29, 2014 12:00 2:00 PM William Wallace Belt, Jr. Speaker Deloitte Transactions & Business Analytics LLP William Belt is a Director in the Discovery
More informationPreliminary Injunctive Relief to Protect Trade Secrets and Enforce Non-Competes:
1 Preliminary Injunctive Relief to Protect Trade Secrets and Enforce Non-Competes: Is It Possible To Put The Toothpaste Back In The Tube? Attorney Advertising Prior results do not guarantee a similar outcome
More informationTHE ATTORNEY-CLIENT PRIVILEGE AROUND THE WORLD
THE ATTORNEY-CLIENT PRIVILEGE AROUND THE WORLD Jennifer Poppe, Chris Popov and Amy Tankersley 1 With the increasing globalization of companies operations comes a corresponding increase in the use of foreign
More informationEmerging Ethical Issues in Renewable Energy Hosted by the Professional Responsibility and Environmental Law and Energy Committees
Chapter Twenty 0250LT Emerging Ethical Issues in Renewable Energy Hosted by the Professional Responsibility and Environmental Law and Energy Committees Course Summary In this one hour CLE, we will cover
More informationClient Privilege in Intellectual Property Advice
Client Privilege in Intellectual Property Advice Prepared by the Commission on Intellectual Property I The WIPO/AIPPI Conference on 22-23 May 2008 1. Client privilege in intellectual property advice was
More informationEthics: Attorney-Client Privilege, the Work-Product Doctrine, and Employment Investigations. October 5, Morgan, Lewis & Bockius LLP
Ethics: Attorney-Client Privilege, the Work-Product Doctrine, and Employment Investigations October 5, 2017 2017 Morgan, Lewis & Bockius LLP ETHICS: ATTORNEY-CLIENT PRIVILEGE, THE WORK-PRODUCT DOCTRINE,
More informationATTORNEY-CLIENT MAY 25, 2011 JAMES GRAFTON RANDALL, ESQ.
THE ATTORNEY-CLIENT PRIVILEGE MAY 25, 2011 MCLE JAMES GRAFTON RANDALL, ESQ. 1 TABLE OF CONTENTS I. THE PURPOSE FOR THE PRIVILEGE 3 II. WHAT IS PROTECTED 3 III. WAIVER OF THE PRIVILEGE 3 IV. WHEN A CORPORATION
More informationWHAT S HAPPENING TO THE ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT DOCTRINE?
WHAT S HAPPENING TO THE ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT DOCTRINE? PROPOSED FEDERAL RULE OF EVIDENCE 502 THE ATTORNEY-CLIENT PRIVILEGE PROTECTION ACT OF 2007 THE MCNULTY MEMORANDUM DABNEY CARR
More informationEthics for Municipal Attorneys
LEAGUE OF WISCONSIN MUNICIPALITIES 2018 MUNICIPAL ATTORNEYS INSTITUTE June 20, 2018 Ethics for Municipal Attorneys Presented by: Dean R. Dietrich, Esq. Ruder Ware L.L.S.C. P.O. Box 8050 Wausau, WI 54402-8050
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: accwebcast@commpartners.com Thank You! Pitfalls and Potholes
More informationAMERICAN BAR ASSOCIATION MODEL RULES OF PROFESSIONAL CONDUCT
AMERICAN BAR ASSOCIATION MODEL RULES OF PROFESSIONAL CONDUCT Rule 1.1: Competence Client-Lawyer Relationship Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation
More informationIn-House Ethics: Important Questions. Dorsey & Whitney. Dorsey & Whitney LLP. All Rights Reserved.
In-House Ethics: Important Questions Ella Solomons Deloitte Kenneth L. Jorgensen David C. Singer Dorsey & Whitney Overall Responsibility A law firm... shall make reasonable efforts to ensure that all lawyers
More informationPrivileges Associated with Product Safety Teams
Privileges Associated with Product Safety Teams February 12, 2015 Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but may be representative of clients
More informationETHICAL HAZARDS THAT CONFRONT CORPORATE COUNSEL
ETHICAL HAZARDS THAT CONFRONT CORPORATE COUNSEL GUEST SPEAKERS SARAH MENENDEZ Senior Litigation Counsel T +1.713.918.1039 sarah_menendez@bmc.com SEAN GORMAN Trial Partner T +1.713.221.1221 sean.gorman@bracewell.com
More informationETHICS TOOLKIT FOR IN-HOUSE COUNSEL MANAGING LITIGATION APRIL 3, 2014
ETHICS TOOLKIT FOR IN-HOUSE COUNSEL MANAGING LITIGATION APRIL 3, 2014 Kenneth L. Racowski Chair, Philadelphia Commercial Litigation Wilson Elser LLP Daniel E. McGuire Commercial & Employment Litigation
More informationKENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW
KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW SCR 3.130(1.7) Conflict of interest: current clients (a) Except as provided in paragraph (b), a lawyer shall not represent
More informationBased upon these hypothetical facts you present the following questions for determination by the Committee:
LEGAL ETHICS OPINION 1838 CAN AN IN-HOUSE COUNSEL FOR A CORPORATION PROVIDE LEGAL SERVICES TO A SISTER CORPORATION AND CAN THAT CORPORATION COLLECT REIMBURSEMENT FOR THOSE SERVICES FROM THE SISTER CORPORATION?
More informationFILED: NEW YORK COUNTY CLERK 05/13/ :15 PM INDEX NO /2014 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 05/13/2015. Exhibit 1.
FILED: NEW YORK COUNTY CLERK 05/13/2015 05:15 PM INDEX NO. 652471/2014 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 05/13/2015 Exhibit 1 Document1 SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NEW YORK SNI/SI
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I. INTRODUCTION
Kenny v. Pacific Investment Management Company LLC et al Doc. 0 1 1 ROBERT KENNY, Plaintiff, v. PACIFIC INVESTMENT MANAGEMENT COMPANY LLC, a Delaware limited liability company; PIMCO INVESTMENTS LLC, Defendants.
More informationPRIVILEGES AND ETHICAL CONSIDERATIONS
PRIVILEGES AND ETHICAL CONSIDERATIONS March 27, 2015 ISBA Government Practice Seminar Timothy J. Hill Copyright 2014 Bradley & Riley PC - All rights reserved. Privileges and Ethical Considerations 1. Attorney-Client
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MEMORANDUM OPINION
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THE NEW YORK TIMES COMPANY, et al., Plaintiffs, v. Case No. 17-cv-00087 (CRC) U.S. DEPARTMENT OF JUSTICE, Defendant. MEMORANDUM OPINION New York
More informationSUPREME COURT OF GEORGIA. The Honorable Supreme Court met pursuant to adjournment.
SUPREME COURT OF GEORGIA Atlanta July 11, 2013 The Honorable Supreme Court met pursuant to adjournment. The following order was passed: It appearing that the enclosed opinion decides a second-term appeal,
More informationWHAT TO DO TO START PREPARING FOR DISCOVERY
Managing the Early Stages of Commercial Litigation: Critical First Steps WHAT TO DO TO START PREPARING FOR DISCOVERY Michael Feagley, Partner 312.701.7065 mfeagley@mayerbrown.com Terri Mazur, Partner 212.506.2680
More informationINTERNAL INVESTIGATIONS: AVOIDING PITFALLS. Sherilyn Pastor, McCarter & English, LLP (and) Rosemary Stewart, Hollingsworth LLP
INTERNAL INVESTIGATIONS: AVOIDING PITFALLS Sherilyn Pastor, McCarter & English, LLP (and) Rosemary Stewart, Hollingsworth LLP I. The use of internal investigations has increased significantly. Based on
More informationPRIVILEGE IN INTERNAL AND GOVERNMENT INVESTIGATIONS. ABA MIDYEAR CONFERENCE February 3, 2012
PRIVILEGE IN INTERNAL AND GOVERNMENT INVESTIGATIONS ABA MIDYEAR CONFERENCE February 3, 2012 Mor Wetzler Jena A. Sold Paul Hastings LLP New York, NY Copyright 2012. All rights reserved. LEGAL_US_E # 96047971.2
More informationETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN
ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN for the Marquette Volunteer Legal Clinic Lawyer and Student Volunteers December 11, 2008
More informationProfessor Sara Anne Hook, M.L.S., M.B.A., J.D AIPLA Spring Meeting, May 14, 2011
Professor Sara Anne Hook, M.L.S., M.B.A., J.D. 2011 AIPLA Spring Meeting, May 14, 2011 The month of May in Indiana is particularly important because of the Indianapolis 500, an event that is officially
More informationAVOIDING ROUGH SEAS: AN ETHICAL ATTORNEY S GUIDE TO TECHNOLOGY
AVOIDING ROUGH SEAS: AN ETHICAL ATTORNEY S GUIDE TO TECHNOLOGY PRESENTERS Diane M. Potts, Esq. Deputy Attorney General, Child Support Enforcement Chicago, Illinois John Cardoza, Esq. Managing Attorney
More informationINVESTIGATIONS, ATTORNEYS & PRIVILEGED COMMUNICATIONS
INVESTIGATIONS, ATTORNEYS & PRIVILEGED COMMUNICATIONS Wes Bearden, CEO Attorney & Licensed Investigator Bearden Investigative Agency, Inc. www.beardeninvestigations.com PRIVILEGE KEY POINTS WE ALL KNOW
More informationPresenting a live 90 minute webinar with interactive Q&A. Td Today s faculty features:
Presenting a live 90 minute webinar with interactive Q&A In House Counsel Depositions: Navigating Complex Legal and Ethical Issues Responding to Deposition Notices and Subpoenas and Protecting Privileged
More informationSUPREME COURT OF THE UNITED STATES
Cite as: U. S. (1998) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions,
More informationPROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT
PROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT LINDA ACEVEDO, Austin State Bar of Texas State Bar of Texas 36 TH ANNUAL ADVANCED FAMILY LAW COURSE August 9-12, 2010 San Antonio
More informationSoup to Nuts: the Inception and Destruction of the Attorney-Client Privilege and Attorney Work Product Protections
Soup to Nuts: the Inception and Destruction of the Attorney-Client Privilege and Attorney Work Product Protections Hennepin County Bar Association Professionalism and Ethics Section April 10, 2015 George
More informationCommittee Opinion July 22, 1998 THROUGH A TEMPORARY PLACEMENT SERVICE.
LEGAL ETHICS OPINION 1712 TEMPORARY LAWYERS WORKING THROUGH A TEMPORARY PLACEMENT SERVICE. You have presented a hypothetical situation in which a staffing agency recruits, screens and interviews lawyers
More informationRULE 1.1: COMPETENCE
RULE 1.1: COMPETENCE A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the
More informationNYCLA COMMITTEE ON PROFESSIONAL ETHICS. OPINION No Date Issued: 3/24/08. Topic
NYCLA COMMITTEE ON PROFESSIONAL ETHICS OPINION No. 738 Date Issued: 3/24/08 Topic Searching inadvertently sent metadata in opposing counsel s electronic documents. Digest A lawyer who receives from an
More informationLegal Ethics Issues for Compliance Officers
Legal Ethics Issues for Compliance Officers April 26, 2018 Hruska Law Center Lincoln, NE This page intentionally left blank. Faculty Bios Paul McGreal, J.D., joined Creighton University School of Law on
More informationThe gist of MRPC 1.9 is that, even after
Focus on Professional Responsibility Conflicts of Interest The Basics By John W. Allen John W. Allen, chairperson of the State Bar of Michigan s Standing Committee on Professional and Judicial Ethics,
More informationFreedom of Information and Members correspondence with Public Authorities
Freedom of Information and Members correspondence with Public Authorities Background 1. Some Members have expressed concern about the treatment, under the provisions of the Freedom of Information Act 2000
More informationAPPELLATE COURT OF THE STATE OF CONNECTICUT AC WILLIAM W. BACKUS HOSPITAL SAFAA HAKIM, M.D.
APPELLATE COURT OF THE STATE OF CONNECTICUT AC 24827 WILLIAM W. BACKUS HOSPITAL v. SAFAA HAKIM, M.D. APPLICATION BY AMICUS CURIAE THE ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INC. TO FILE A BRIEF
More informationEthical Issues Arising in Alternative Dispute Resolution
Ethical Issues Arising in Alternative Dispute Resolution Maxine Aaronson Attorney at Law Dallas, TX David A. Conrad Office of Chief Counsel Denver, CO Paul L.B. McKenney Varnum LLP Novi, MI Hon. Peter
More informationTuggle Duggins P.A. by Denis E. Jacobson, Jeffrey S. Southerland, and Alan B. Felts for Plaintiff Kingsdown, Incorporated.
Kingsdown, Inc. v. Hinshaw, 2015 NCBC 35. STATE OF NORTH CAROLINA ALAMANCE COUNTY KINGSDOWN, INCORPORATED, v. Plaintiff, W. ERIC HINSHAW, REBECCA HINSHAW, and ANNE RAY, IN THE GENERAL COURT OF JUSTICE
More informationCurrent Ethics Issues Relating to Opinions:
Current Ethics Issues Relating to Opinions: The Attorney-Client Privilege, the Work-Product Protection, and Rules of Professional Conduct 1.6 & 2.3 Presenters: John K. Villa & Charles Davant Williams &
More informationFilip Factors and The Yates Memo
Did You Get the Memo? What the Yates Memo Means for Companies and Their Counsel Filip Factors and The Yates Memo Presented by Shari A. Brandt, Esq. (Richards Kibbe & Orbe LLP) Date 18 February 2017 ABA
More informationProject 23a3: Sonar for the Visually Impaired Final Design Report
Project 23a3: Sonar for the Visually Impaired Final Design Report ENGR 461 June 6, 2014 Project Sponsor: Quality of Life Plus Lab Group Members: Anastasia Newark Edwin Ng Scott Terhorst WARNING: By reading
More informationTHE LOBBYIST REGISTRY
THE LOBBYIST REGISTRY Successfully Navigating Lobbying Regulations and Compliance Canadian Institute March 28 2017 Why is transparency important at the Municipal level? To manage public perceptions, promote
More informationIN THE IOWA DISTRICT COURT FOR POLK COUNTY : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :
E-FILED 2014 JAN 02 736 PM POLK - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR POLK COUNTY BELLE OF SIOUX CITY, L.P., v. Plaintiff Counterclaim Defendant MISSOURI RIVER HISTORICAL DEVELOPMENT,
More informationTrinity School. Whistle Blowing Policy
Trinity School Whistle Blowing Policy DOCUMENT REVIEW GOVERNOR APPROVAL DATE: 13 October 2017 COMMITTEE RESPONSIBLE: Resources NEXT REVIEW DATE: October 2018 Make every effort to live in peace with everyone
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
USCA Case #18-7044 Document #1773036 Filed: 02/12/2019 Page 1 of 6 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT RUSORO MINING LIMITED, Petitioner-Appellee, No. 18-7044 (D.D.C.
More informationThe Art and Ethics of Cross-Examination Outline
I. Cross-Examination The Art and Ethics of Cross-Examination a. What Is It? Cross-examination is the greatest legal engine ever invented for the discovery of truth. You can do anything with a bayonet except
More informationCase: 1:13-cv Document #: 138 Filed: 03/31/15 Page 1 of 13 PageID #:2059
Case: 1:13-cv-01418 Document #: 138 Filed: 03/31/15 Page 1 of 13 PageID #:2059 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LISLEWOOD CORPORATION, v. AT&T CORPORATION, AT&T
More informationPreparing Your Employees to be Witnesses in Civil Cases
Preparing Your Employees to be Witnesses in Civil Cases ACC West Central Florida Chapter Corporate Counsel Symposium Longboat Key Club August 19, 2011 Presented by Fowler White Boggs P.A. Bob Olsen, Tampa
More informationlegal ethics opinions
LEGAL ETHICS OPINION 1783 IN CONTEXT OF (A) FORECLOSURE SALE OR (B) A COMMERCIAL CLOSING, MAY ATTORNEY DISBURSE TO LENDER COLLECTED ATTORNEYS FEES IN EXCESS OF THOSE NECESSARY TO REIMBURSE LENDER FOR PAYMENT
More informationTHE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS FORMAL OPINION
THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS FORMAL OPINION 2006-3 August 2006 TOPICS: DIGEST: Outsourcing Legal Support Services Overseas, Avoiding
More informationCase: 1:10-cv Document #: 189 Filed: 11/09/12 Page 1 of 8 PageID #:2937
Case: 1:10-cv-02348 Document #: 189 Filed: 11/09/12 Page 1 of 8 PageID #:2937 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LORI WIGOD; DAN FINLINSON; and SANDRA
More informationQuestionnaire May 2002 Q163 Attorney-Client Privilege and the Patent and/or Trademark Attorneys Profession. Answer of the Brazilian Group
Questionnaire May 2002 Q163 Attorney-Client Privilege and the Patent and/or Trademark Attorneys Profession Answer of the Brazilian Group 1. The domestic situation in relation to any privilege protecting
More informationAudit Committee - Terms of Reference
Audit Committee - Terms of Reference 1. Constitution 1.1 Great Portland Estates plc s Audit Committee ( the Committee ) is established by Board of Directors. 2. Membership 2.1 Members of the Committee
More informationYMCA NSW Whistle Blower Policy
1. Document control Overview A whistle-blower is any employee, volunteer, contractor or people associated with the YMCA NSW that detects wrongdoing, or has reasonable grounds for suspecting wrongdoing
More informationAN OVERVIEW OF THE REAL ESTATE FINANCE OPINION REPORT OF 2012
2014 An Overview Of The Real Estate Finance Opinion Report Of 2012 153 AN OVERVIEW OF THE REAL ESTATE FINANCE OPINION REPORT OF 2012 Robert J. Krapf and Edward J. Levin* Many state bars and other professional
More information2014 PA Super 24. : : : : : : Appellees : No. 104 EDA 2013
2014 PA Super 24 JOHN J. DOUGHERTY, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. PHILADELPHIA NEWSPAPERS, LLC, HAROLD JACKSON, PAUL DAVIS, DAVID BOYER, RUSSELL COOKE, MELANIE BURNEY, TONY AUTH AND
More informationWHISTLEBLOWING POLICY AND PROCEDURE FOR: Schools. 1 April March 2018
WHISTLEBLOWING POLICY AND PROCEDURE FOR: Schools 1 April 2017 31 March 2018 %School whistle blowing procedure version updated April 2017 1 WHISTLE BLOWING POLICY AND PROCEDURE FOR: School - 1 April 2015
More informationToday s Topics 8/22/2012. Records Involving Attorney Client Communications and Work Product Public Records Law Webinar Series
Records Involving Attorney Client Communications and Work Product Frayda Bluestein bluestein@sog.unc.edu Chris McLaughlin mclaughlin@sog.unc.edu Mujeeb Shah Khan mujeeb.shahkhan@greensboro nc.gov 2012
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Plaintiff, Civil Action File No.: v. Defendant. CONSENT PROTECTIVE ORDER By stipulation and agreement of the parties,
More informationSANTANDER CONSUMER USA HOLDINGS INC. (Exact name of registrant as specified in its charter)
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event
More informationSecurity Breach Notification Chart
Security Breach Notification Chart Perkins Coie's Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes
More informationThe Common Interest Privilege in Bankruptcy: Recent Trends and Practical Guidance
The Common Interest Privilege in Bankruptcy: Recent Trends and Practical Guidance By Elliot Moskowitz* I. Introduction The common interest privilege (sometimes known as the community of interest privilege,
More informationImpact of DOJ's Corporate Healthcare Fraud Enforcement Strategies On Providers and Defense Counsel
Impact of DOJ's Corporate Healthcare Fraud Enforcement Strategies On Providers and Defense Counsel David Douglass Partner, Sheppard Mullin William Pericak Partner, Jenner & Block LLP Leo Reichert Exec.
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
Received 9/8/2017 1:54:41 PM Commonwealth Court of Pennsylvania Filed 9/8/2017 1:54:00 PM Commonwealth Court of Pennsylvania 261 MD 2017 IN THE COMMONWEALTH COURT OF PENNSYLVANIA League of Women Voters
More informationRELIBIT LABS MUTUAL NON DISCLOSURE AGREEMENT
RELIBIT LABS MUTUAL NON DISCLOSURE AGREEMENT RELIBIT LABS LLC Updated: Tuesday, January 31, 2017 Version: 0.3 Document Code RL1701-002 This Agreement ( Agreement ) dated ( Effective Date ) is entered into
More informationFILED: NEW YORK COUNTY CLERK 04/03/ :04 PM INDEX NO /2013 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/03/2015. ExhibitA
FILED: NEW YORK COUNTY CLERK 04/03/2015 06:04 PM INDEX NO. 650312/2013 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/03/2015 ExhibitA SUPREMECOURTOFTHESTATEOFNEW YORK COUNTYOFNEW YORK BANK HAPOALIM B.M., vs.
More informationThat's Privileged nformation. What internal auditors should know about attorneyclient privilege in corporate legal investigations.
That's Privileged nformation What internal auditors should know about attorneyclient privilege in corporate legal investigations. KENNETH GLASCOCK, jd, CIA. CFSA, CISA, CISSP, CBCP PHOTOGRAPH BY JONNIE
More informationIN THE SUPREME COURT, STATE OF WYOMING
IN THE SUPREME COURT, STATE OF WYOMING April Term, A.D. 2014 In the Matter of the Amendments to ) Wyoming Rules of Professional ) Conduct for Attorneys at Law ) ORDER AMENDING THE RULES OF PROFESSIONAL
More informationTHE RESPONSIBILITIES OF THE ATTORNEY GUARDIAN AD LITEM By Natalie J. Miller, Esq.
THE RESPONSIBILITIES OF THE ATTORNEY GUARDIAN AD LITEM By Natalie J. Miller, Esq. Law Office of Natalie J. Miller, PLLC 548 Williamson Rd., Suite 2 Mooresville, NC 28117 704-662-3557 / nmiller@njmillerlaw.com
More informationBest Practices For NC In House Counsel To Avoid Being Deposed
womblebonddickinson.com Best Practices For NC In House Counsel To Avoid Being Deposed Presentation to the Charlotte Chapter of the ACC November 1, 2017 Attorney Work Product United Phosphorus, Ltd.
More informationReference to the Committee shall mean the Audit Committee Reference to the Board shall mean the Board of Directors
PERSIMMON PLC (the Company ) AUDIT COMMITTEE TERMS OF REFERENCE AND CONSTITUTION Reference to the Committee shall mean the Audit Committee Reference to the Board shall mean the Board of Directors These
More informationHoly Trinity Catholic School. Whistle Blowing Policy 2017 BIRMINGHAM CITY COUNCIL WHISTLEBLOWING POLICY 2015 ADOPTED BY HOLY TRINITY CATHOLIC SCHOOL
Holy Trinity Catholic School Whistle Blowing Policy 2017 BIRMINGHAM CITY COUNCIL WHISTLEBLOWING POLICY 2015 ADOPTED BY HOLY TRINITY CATHOLIC SCHOOL Introduction 1.1 Birmingham City Council is committed
More informationAMENDED RULE 26 EXPERT WITNESS DISCLOSURE REQUIREMENTS
CONSTRUCTION H. JAMES WULFSBERG, ESQ. Wulfsberg Reese Colvig & Fristman Professional Corporation DAVID J. HYNDMAN, ESQ. Wulfsberg Reese Colvig & Fristman Professional Corporation navigant.com About Navigant
More informationNON-DISCLOSURE AND PROPRIETARY INFORMATION AGREEMENT BETWEEN
NON-DISCLOSURE AND PROPRIETARY INFORMATION AGREEMENT BETWEEN (Name of the Vendor)., having its registered offices in (Address of Vendor), registered under the no. of the Companies' register of (Name of
More informationIn re Kay Struckman NCBE DRAFTERS POINT SHEET
In re Kay Struckman NCBE DRAFTERS POINT SHEET The task for examinees in this performance test is to draft a memorandum to prepare Steve Ramirez, the supervising attorney, to advise Kay Struckman, a local
More informationABA WCCC WORKING GROUP, July 17, 2009 UPJOHN WARNINGS: RECOMMENDED BEST PRACTICES WHEN CORPORATE COUNSEL INTERACTS WITH CORPORATE EMPLOYEES
ABA WCCC WORKING GROUP, July 17, 2009 UPJOHN WARNINGS: RECOMMENDED BEST PRACTICES WHEN CORPORATE COUNSEL INTERACTS WITH CORPORATE EMPLOYEES TABLE OF CONTENTS I. EXECUTIVE SUMMARY...1 II. III. IV. RECOMMENDED
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) CENTER FOR INTERNATIONAL ) ENVIRONMENTAL LAW, ) ) Plaintiff, ) ) v. ) Civil Action No. 01-498 (RWR) ) OFFICE OF THE UNITED STATES ) TRADE REPRESENTATIVE,
More information