Resource Library

A final order determining the revocation of a Conditional Leniency Agreement to have been fundamentally unfair.

The Court ruled the Department of Justice and the USAO deliberately or callously prevented defendants from obtaining funds for their defense that they lawfully would have had absent the government's interference. This opinion includes a discussion of the Thompson Memorandum, and holds the Thompson Memorandum and the USAO's actions caused KPMG to limit and then cut off payment of fees for defense.

This case deals with the issue of employer email policies. Additionally, the case states that employees cannot expect that their communications won't be monitored. This essentially negates the ability of the employee to argue that the privilege should apply to emails that were sent between him and his own personal lawyer.

A motion for leave to file brief and an attached brief regarding the critical importance both to corporations engaged in interstate commerce that receive legal advice and representation from out-of-state lawyers and to the attorneys (whether in-house or outside counsel) who provide such multi-state services.

After an evidentiary hearing and careful review of the record, including the parties' post-hearing supplemental briefs, exhibits, and proposed findings of fact and conclusions of law, the court made findings of fact and conclusions of law in the Stolt-Nielsen case.

New England Legal Foundation, NELF, amicus brief, Textron v. US, 1/10

A brief dealing with whether Alabama would honor the attorney client privilege for a lawyer giving advice as in-house counsel.

Report addressing multi-jurisdictional practice issues such as reciprocal admission and pro hac vice rules.

STATEMENT OF THE AMERICAN BAR ASSOCIATION
to the
COMMITTEE ON JUDICIARY
of the
UNITED STATES SENATE
concerning its hearing on
"EXAMINING APPROACHES TO CORPORATE FRAUD PROSECUTIONS AND THE ATTORNEY-CLIENT PRIVILEGE UNDER THE MCNULTY MEMORANDUM"


SEPTEMBER 18, 2007

ACC Comment Letter