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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Bill Steinman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

UK appeals court restores attorney-client privilege in internal investigations

The UK Court of Appeal on Wednesday overturned a lower court’s ruling and restored the attorney-client privilege to protect internal investigations from discovery by the Serious Fraud Office.

In a case involving London-listed Eurasian Natural Resources Corporation (ENRC), the appellate court said those who retain counsel “to investigate the circumstances of an alleged offense” shouldn’t be “denied the benefit of litigation privilege.”… Continue Reading

Wendt and Sultan on oral downloads: What should counsel share with the SEC?

In prior posts, we covered (1) how two former General Cable executives, now defendants in an SEC enforcement action, sought to compel Morgan Lewis (General Cable’s counsel) to share interview memoranda and notes, investigation reports and other materials from the firm’s internal investigation, and (2) how Judge Jonathan Goodman ruled in the defendants’ favor in part by holding that Morgan Lewis had waived work product protections through oral disclosures of interviews to the SEC.… Continue Reading

Wendt and Sultan: How ‘oral downloads’ created a work-product protection waiver

As discussed in our prior post, the SEC charged Mathias Francisco Sandoval Herrera and Maria D. Cidre, two former executives from General Cable, with accounting fraud in January 2017. In response, these defendants sought to compel General Cable’s counsel, Morgan Lewis, to produce certain materials related to the firm’s corresponding investigation for the company, including investigation interview notes, SEC meeting notes, and an investigation report.… Continue Reading

Bill Steinman: Remember the privilege and keep it sacred

Lawyers: As a group, we think we’re pretty special. Servants of the law and all that. But in truth, there’s really only one thing that sets us apart from other professionals: the attorney-client privilege (yes, yes, we can also represent others in court, but that’s not the point of this post). … Continue Reading

TI-Canada recommends a deferred prosecution agreement scheme (with conditions)

A report released Wednesday by Transparency International Canada recommends the government consider adopting legislation to create a deferred prosecution agreement scheme as a way to increase transparency and promote compliance.

“In the Canadian context, DPAs, if properly designed and implemented, have the potential to support increased enforcement of anti-corruption laws and increased self-disclosure and compliance by corporations,” TI-Canada said.… Continue Reading