• Internal Investigations,  International

    Internal Investigations, the KBR Decision and International Investigations

    In a recent post, we touched on the importance of the D.C. Circuit’s decision in KBR concerning privilege and internal investigations: Post-recession, we are living through an era of regulators’ grimaces and prosecutors’ giddiness. Editorialists and bloggers want business scalps, especially scalps of individuals (as opposed to simple monetary fines for corporations), and most especially scalps of those in banking and finance.  In the wake of the GM report and other stories about lawyers, the role of business lawyers is as suspect in the public mind as it has been for decades.  It’s as though everybody smells a rat. On the other hand, faced with ever-increasing and increasingly complex regulation, companies’ need…

  • Law Practice Management,  Lawyers,  Poetry

    “Compensation” | Paul Laurence Dunbar

    Compensation is a matter dear to lawyers’ hearts, white-collar and otherwise.  Here’s a poem (via www.poets.org) by Paul Laurence Dunbar: Compensation Because I had loved so deeply, Because I had loved so long, God in His great compassion Gave me the gift of song. Because I have loved so vainly, And sung with such faltering breath, The Master in infinite mercy Offers the boon of Death. Paul Laurence Dunbar was born in Dayton, Ohio, in 1872. He wrote numerous books of poems, including Majors and Minors (1895), as well as several novels and a play. He died in 1906 in Dayton, Ohio.  “Compensation” was originally published in Dunbar’s 1905 collection Lyrics of Sunshine…

  • Appeals,  Poetry,  Theology

    “Appellate Jurisdiction” | Marianne Moore (1887-1972)

    For pondering our appeals of all sorts.   Appellate Jurisdiction by Marianne Moore Fragments of sin are a part of me. New brooms shall sweep clean the heart of me.       Shall they? Shall they? When this light life shall have passed away, God shall redeem me, a castaway.       Shall He? Shall He?   About This Poem “Appellate Jurisdiction” by Marianne Moore was published in the May 1915 issue of Poetry along with four other poems by Moore. Marianne Moore was born in Saint Louis, Missouri, on November 15, 1887. Moore, a former Chancellor of the Academy of American Poets, was the recipient of the…

  • Internal Investigations,  Privilege

    It’s Okay To Smell A Rat: Internal Investigations, Attorney-Client Privilege and the KBR Decision

    Post-recession, we are living through an era of regulators’ grimaces and prosecutors’ giddiness. Editorialists and bloggers want business scalps, especially scalps of individuals (as opposed to simple monetary fines for corporations), and most especially scalps of those in banking and finance.  In the wake of the GM report and other stories about lawyers, the role of business lawyers is as suspect in the public mind as it has been for decades.  It’s as though everybody smells a rat. On the other hand, faced with ever-increasing and increasingly complex regulation, companies’ need to conduct self-reviews and internal investigations is unavoidable. Indeed, in many industries, the governing set of rules require companies to…

  • Due Process,  Grand Jury,  Presumption of Innocence

    A Meditation On Independence Day

    We all like the Fourth of July; most of us want it to mean something beyond cookouts and fireworks.  When my children were little, I would read aloud to them the entire Declaration of Independence, an oration they found both alarming and distracting. The nation’s Independence Day celebration has changed over time, as has its people (alarmed or distracted) and their culture. We have an Independence Day in film and in song, works of art that speak to a patriotism grounded in a corporate concept (national independence) and in a citizen concept (individual independence). Here in the early portion of the 21st-century, it is the domestic liberty of individuals, rather…