The Yates Memo and Three Dog Night

Deputy Attorney General Yates Unless you have been on a monastic retreat or hidden as carefully as Hillary Clinton’s email server, you have by now likely read reports and analyses of the “Yates Memorandum,” a policy document issued by Deputy Attorney General Sally Yates entitled “Individual Accountability for Corporate Wrongdoing.” (Here is the document:  Yates-Memo-Prosecution-of-Individuals.pdf […]


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 […]


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 […]


Board Room, Bored Room and the Existential Horror of Styrofoam Coffee Cups: 13 Ways to Avoid Waiving Privilege in Corporate Meetings

This discussion by Mark Herrmann at Above The Law — Law Firm Meetings Vs. Corporate Meetings, Meetings, Meeting, And Meetings! — is a wonderful set-piece about meetings.  Read the whole article, but here he compares law-firm meetings  corporate meetings: Corporations are different. They’re publicly traded. They’re often much larger than law firms. They’re divided into operational divisions […]