The Competition Act ("CA") is federal legislation of general
application related to all aspects of competition law in Canada, including merger review. The CA sets out the relevant monetary and (where applicable) shareholding thresholds that trigger a pre-
merger notification requirement. The CA also allows the Commissioner of Competition (the "Commissioner") to challenge a transaction if she believes it raises substantive competition issues, whether or not there is a pre-merger notification
requirement.
A letter from ACC to the Illinois Bar advocating the adoption of ABA Model Rule 5.5 - regarding multi-jurisdiction practices - and discussing related issues
ACC's International Practice Almanac (IPA) is a unique and incredibly valuable tool, providing you with guidance on the crucial questions you need to answer before engaging in or retaining legal services in countries around the globe. Search the rules of practice, professional responsibility, bar regulation and privilege protection by country. IPA covers the regulation of the practice of law in these countries, including the US states and territories, the provinces of Canada, the member states of the EU, and a number of Asian/Pacific Rim jurisdictions.
The following Statement of Principles was endorsed by the National Center for State Courts General Counsel Committee and is commended to businesses and courts throughout the United States as a means of promoting jury service.
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
Written Testimony
United States Senate Committee on the Judiciary
"Examining Approaches to Corporate Fraud Prosecutions and the Attorney-Client
Privilege Under the McNulty Memorandum"
October 18, 2007
This brief argues an indictment can have devastating consequences for a corporation and thus a post-indictment motion to dismiss is not an adequate remedy.
STATEMENT OF AMERICAN BAR ASSOCIATION PRESIDENT KAREN J. MATHIS
FRIDAY, JULY 13, 2007
Re: INTRODUCTION IN U.S. HOUSE OF REPRESENTATIVES
OF ATTORNEY-CLIENT PRIVILEGE PROTECTION ACT OF 2007
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 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.