The accumulation of information and documents creates compliance risks, drives up the cost of ediscovery and hampers employee productivity. Learn how to create an effective program that can have a measurable impact on the business.
This brief focuses on issues that create additional personal liabilities for in-house counsel and defense counsel in general; the zealous representation, level of communication and overall relationship
of in-house counsel and their clients; and Document retention policies and the resulting liabilities for those who administer them.
When Is Counsel's Review of Materials "in Anticipation of Litigation?"
A strong and effective compliance program can be crucial to persuading the prosecutor that your company does not deserve prosecution. If your program is like most programs, the prosecutor is likely to treat it skeptically. Most compliance programs are designed to help prevent an attack, not to help defend the company when authorities raid the company. This article will show you how to strengthen your compliance program against that day.
The attorney-client privilege and work-product doctrine can act as powerful shields in protecting from disclosure documents generated in internal investigations, both in later litigation and in enforcement actions.
A Third Circuit opinion concerning the proper operation of a corporate family's centralized in-house legal department, and delving into a variety of concepts related to the co-client (or joint-client) privilege, its exceptions, its scope, and a lawyer's ethical obligation. The Court explores the co-client (or joint-client) privilege, which applies when multiple clients hire the same counsel to represent them on a matter of common interest, and the community-of-interest (or common-interest) privilege, which comes into play when clients with separate attorneys share otherwise privileged information in order to coordinate their legal activities, as well as the adverse-litigation exception.
The Public Company Accounting Oversight Board recently issued its long-anticipated rules on auditor independence issues and the relationship with the company's independent auditor. The authors give tips on how you can keep your audit committee up-to-date and on the straight and narrow.
This case law is concerning a female employee under federal, state, and city law for gender discrimination, failure to promote, and retaliation, employee moved for sanctions against employer for its failure to preserve backup tapes containing potentially relevant e-mail correspondence of key employees.
If you are employed by a public company, it's likely that your company will undergo an SEC enforcement investigation within the next five years. This article shows in-house counsel how to help guide their company through an SEC enforcement action.
A white paper addressing whistleblower protection and the emerging law of retaliatory discharge of in-house counsel.