Summer of Love to Altamont Murder: Innocence, Guilt and Corporate Compliance In A Kavanaugh Era
The recent furor over the nomination and confirmation of Judge (now Justice) Brett Kavanaugh puts us in mind of a messy truth for companies and...
The Winter Olympics of Cooperation: The Bridge On The River Kwai, White-Collar Self-Image and Federal Sentencing
With all of the discussion about Special Counsel Robert Mueller and his “cooperators,” now is an appropriate time to revisit the basics of “cooperation” in...
Cooperation, and Something to Cooperate With
From The Hill: With Mueller’s probe advancing behind closed doors, it is impossible for onlookers to judge the value or extent of any one witness’s...
Disclaimer Parade
Autumn is in the air, which means it is time for the occasional disclaimer so prized by various state bars and their staffs. I write...
Southern Comfort, Niall Ferguson and Peter Gunn
Cocktails, books, jazz, and crime. COCKTAILS Crude and low-fi, one’s early-life alcohol memories resonate, but they do so uneasily in our era of craft beers...
Dante’s Guide: Preparing the Grand Jury Witness
In the year 1300, at age 35, the narrator of Dante’s Inferno famously finds himself in trouble: Midway in our life’s journey, I went astray...
Special Counsel, Special President, Special Interview
To interview or not interview? A common question not just for the President of the United States but for any executive, business owner, professional or...
Steve Wynn Woes: Independent Investigations and the Board of Directors
Four minutes on internal investigations and independent counsel, especially in a “#MeToo” environment: ...
Video Guidance, Agency Guidance and White-Collar Trials
The Lord noted that the poor will always be with us, but He may as well have been speaking of federal agency guidance documents that are...
Brand’s Memo and Dan’s Desk
Last month, then-Associate Attorney General Rachel Brand issued a memorandum to Department of Justice civil lawyers concerning the circumstances under which they may and may...