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Articles 1 - 7 of 7
Full-Text Articles in Entire DC Network
Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley
Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley
Don R Berthiaume
“The right to counsel is too important to be passed over for prosecutorial convenience or executive branch whimsy. It has been engrained in American jurisprudence since the 18th century when the Bill of Rights was adopted... However, the right to counsel is largely ineffective unless the confidential communications made by a client to his or her lawyer are protected by law.”[1] So said Senator Arlen Specter on February 13, 2009, just seven months before Congress chose to ignore the very privilege he lauded. Why then, if the right to counsel is as important as Senator Specter articulated, does Congress maintain …
Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume
Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume
Don R Berthiaume
How can corporations provide “just the facts” — which are, in fact, not privileged — without waiving the attorney client privilege and work product protection? This article argues for an addition to the Federal Rules of Criminal Procedure based upon Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf … about information known or reasonably available to the organization.”[6] Why should we look to Fed. …
Conflicts Between U.S. And U.K. Corporate Privilege Laws, Don R. Berthiaume, Jeff Ansley
Conflicts Between U.S. And U.K. Corporate Privilege Laws, Don R. Berthiaume, Jeff Ansley
Don R Berthiaume
In this last year of the first decade of the 21st century, many of the signatories to the Organization for Economic Co-Operation and Development’s Convention on Combating Bribery of Foreign Officials (“OECD Convention”) are investigating and prosecuting cases involving the bribing of foreign officials for business purposes. They are doing so in conjunction with, and the support of, the United States. This is particularly true of the United Kingdom, which, after years of criticism from the OECD, is poised to adopt sweeping legislation that will give it the power to prosecute cases of foreign corruption "irrespective of whether the acts …
Commercial Bribery And The New International Norms, Don R. Berthiaume
Commercial Bribery And The New International Norms, Don R. Berthiaume
Don R Berthiaume
The United States, through its Foreign Corrupt Practices Act (FCPA), and the member nations of the Organization for Economic Co-Operation and Development (OCED) and Council of Europe (CoE) who have adopted similar legislation have made tremendous strides in hindering corrupt payments to foreign officials relating to business transactions. In response to these enforcement initiatives, many international businesses have taken steps to comply with anti-bribery laws by developing compliance programs and conducting internal investigations and cooperating with law enforcement officials when allegations of corrupt payments arise.
Broken Principle: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume
Broken Principle: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume
Don R Berthiaume
How can corporations cooperate in white collar criminal investigations by providing “just the facts” without waiving the attorney client privilege and work product protection? This article provides a unique solution to this vexing problem. This article argues that Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf... about information known or reasonably available to the organization,” provides a template for the creation of a similar …
Poorly Crafted Endorsement Contracts Leave Athletes Exposed, Don R. Berthiaume, J. Douglas Baldridge
Poorly Crafted Endorsement Contracts Leave Athletes Exposed, Don R. Berthiaume, J. Douglas Baldridge
Don R Berthiaume
No abstract provided.
Point Of Order: An Insider's Guide To Congressional Investigations, Don R. Berthiaume, Raymond Shepherd
Point Of Order: An Insider's Guide To Congressional Investigations, Don R. Berthiaume, Raymond Shepherd
Don R Berthiaume
This CONTEMPORARY LEGAL NOTE provides some insight into the different phases of a congressional investigation; the critical differences between criminal proceedings and congressional investigations; the legal devices committees and subcommittees utilize in their investigations; and the basic rules of congressional hearings.