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Full-Text Articles in Law
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 …
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 …
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.