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| 1 | EPA's Clean Air Interstate Rule (CAIR) Vacated by D.C. Circuit Court Eric A. Groten, Patrick Lee; Vinson & Elkins LLP; July 18, 2008, previously published on July 2008 On July 11, 2008, the D.C. Circuit Court of Appeals vacated the Clean Air Interstate Rule, or "CAIR," in its decision in North Carolina v. EPA. Promulgated by EPA in 2005, CAIR would have permanently capped emissions of sulfur dioxide (SO2) and nitrogen oxides (NOX) from power plants... |
| 2 | Three Strikes - Is the Department of Justice Out of Chances on Privilege Waiver and Attorneys' Fees? William E. Lawler, Craig D. Margolis, Amy Riella; Vinson & Elkins LLP; July 18, 2008, previously published on July 16, 2008 On July 9, 2008, shortly after the Attorney General appeared before the Senate Judiciary Committee at a DOJ oversight hearing, Deputy Attorney General Mark Filip sent a letter to the Chairman and Ranking Member urging the Committee to defer action on proposed legislation that essentially would... |
| 3 | New Subsection (9) of Rule 4:02 of the Supreme Judicial Court Rules, Effective June 1, 2008, Requires Massachusetts In-House Lawyers Not Admitted to the Bar of the Commonwealth to Register With the Massachusetts Board of Bar Overseers J. Charles Mokriski, Nancy M. Cullen, Danielle Y. Vanderzanden, John P. McLafferty; Day Pitney LLP; July 23, 2008, previously published on June 26, 2008 In December, 2006, the Supreme Judicial Court adopted Rule 5.5 of the American Bar Association's Model Rules of Professional Conduct, conferring formal legitimacy and peace of mind on many Massachusetts in-house lawyers who are not admitted to the Massachusetts bar. |
| 4 | Ninth Circuit Ruling Raises Stakes for Companies and Individuals Facing Parallel Civil and Criminal Investigations Matthew D. Lee, Tyler Brody; Blank Rome LLP; July 22, 2008, previously published on June 2008 A recent decision by the United States Court of Appeals for the Ninth Circuit, United States v. Stringer, 521 F.3d 499 (9th Cir. 2008), gives government lawyers, and prosecutors in particular, significant latitude to conceal the existence of a criminal investigation from individuals and companies,... |
| 5 | New York Appellate Court Recognizes Right of Former Officers and Directors to Access Legal Advice Received by Corporation during Their Service Michael G. Considine, Andrew P. Gaillard, Patrick Hamilton, Helen Harris, Dennis T. Kearney, John J. O'Reilly, Jeffrey Plotkin, Edgardo Ramos, Stanley A. Twardy; Day Pitney LLP; July 23, 2008, previously published on Spring 2008 The New York Supreme Court, Appellate Division, First Department, ruled that former officers and directors of a public corporation are entitled to the production of privileged documents containing legal advice rendered to the corporation during their period of service. |
| 6 | Second Circuit Reverses as an Abuse of Discretion Short and Probationary Sentences for Convicted CFO and General Counsel Michael G. Considine, Andrew P. Gaillard, Patrick Hamilton, Helen Harris, Dennis T. Kearney, John J. O'Reilly, Jeffrey Plotkin, Edgardo Ramos, Stanley A. Twardy; Day Pitney LLP; July 23, 2008, previously published on Spring 2008 On March 17, 2008, in United States v. Cutler, the Second Circuit Court of Appeals overturned the sentences imposed on two business executives -- a CFO and a general counsel -- who were convicted by a jury of involvement in a $100 million fraud scheme. |
| 7 | Federal Judge Sets High Bar for Federal Prosecutors Seeking Leave to Share Documents Subpoenaed by Grand Jury with Attorneys in DOJ Civil Division Michael G. Considine, Andrew P. Gaillard, Patrick Hamilton, Helen Harris, Dennis T. Kearney, John J. O'Reilly, Jeffrey Plotkin, Edgardo Ramos, Stanley A. Twardy; Day Pitney LLP; July 23, 2008, previously published on Spring 2008 In yet another decision addressing the government's burdens in parallel proceedings, the chief federal judge in the District of Massachusetts denied the government's ex parte application for an order permitting federal prosecutors to share with their counterparts in the Justice Department's Civil... |
| 8 | Department of Justice Issues Guidelines for Selection and Use of Monitors in Deferred Prosecution and Non-Prosecution Agreements Michael G. Considine, Andrew P. Gaillard, Patrick Hamilton, Helen Harris, Dennis T. Kearney, John J. O'Reilly, Jeffrey Plotkin, Edgardo Ramos, Stanley A. Twardy; Day Pitney LLP; July 23, 2008, previously published on Spring 2008 In the wake of congressional calls for reforms and oversight of the practices associated with deferred prosecution and non-prosecution agreements (see Day Pitney's White Collar Quarterly, Winter 2008, "Deferred Prosecution Agreements Draw Scrutiny"), the U.S. Department of Justice, in... |
| 9 | Appeals Court Reinstates Criminal Charges Previously Dismissed Due to Alleged Government Misconduct Michael G. Considine, Andrew P. Gaillard, Patrick Hamilton, Helen Harris, Dennis T. Kearney, John J. O'Reilly, Jeffrey Plotkin, Edgardo Ramos, Stanley A. Twardy; Day Pitney LLP; July 23, 2008, previously published on Spring 2008 In a case heralded as setting limits on federal prosecutors' use of parallel SEC investigations to build criminal cases, a federal judge in Oregon in 2006 dismissed securities, wire and mail fraud charges against three former corporate officers. |
| 10 | Restrictions on Disclosures by Counsel Asserting Wrongful Discharge Robert T. Markowski; Jenner & Block LLP; July 18, 2008, previously published on May 2008 The San Diego Bar Association Legal Ethics Committee recently issued Ethics Opinion 2008-1 addressing the right of in-house attorneys to disclose privileged or confidential information either to their personal counsel or publicly when alleging wrongful discharge claims against their prior corporate... |
