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Navigating the Maze Of Corporate Executive Witness Preparation |
July 12, 2005
Following the Enron and Arthur Andersen financial debacles, the complexity of
executive witness preparation has increased. When dealing with executive witnesses, legal
counsel must still cover many of the same general principles of witness preparation. However,
initial considerations also should include: whether the current defense counsel can prepare the
executive witness, the scope of legal representation that can be provided, and which
communications or other information will be privileged. In addition, early recognition must be
accorded the specter of potential criminal liability for both the witness and defense counsel under
the Sarbanes-Oxley Act.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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