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Justice Department and EPA Step Up Chemical Security Enforcement ( September 2003 )
U.S. Attorney General John Ashcroft announced plans this month for stepped up inspections focusing on companies that fail to protect against possible terrorist attacks on pipelines, fuel storage tanks, chemical plants and drinking water facilities. Owners and operators can minimize both the vulnerability of their facilities and risk of severe fines and other penalties for non-compliance by conducting internal facility audits to identify deficiencies. The results of the audits can be protected from unwarranted disclosure under the attorney-client privilege, the attorney work product doctrine, and (in some jurisdictions) the self-evaluative privilege. -
Is Selective Waiver of Privilege Viable? ( August 2003 )
The legal landscape regarding the privileged protections afforded counselÃÂs work has shifted in the wake of Sarbanes-Oxley and the post-Enron crackdown on white collar malfeasance. But the U.S. Courts of Appeals are split on the question of what effect the decision to share privileged communications with the government will have on the ability to protect those documents in the future. -
Willfulness Opinions ( June 2003 )
Willfulness opinions are legal opinions that a particular product does not infringe, or that a patent is invalid or unenforceable. The need for willfulness opinions arises from substantive patent law, which establishes treble damages for willful infringement and makes the existence of a legal opinion relevant in defending against a claim of willful infringement. -
Service Providers and Contracts ( May 2003 )
As the customer, it is common and expected that you may request a contract for the work. There is no reason to feel guilty or apologetic for making sure that things are clear and you get what you paying for. -
Revenge of the Tax Lawyers? ( April 2003 )
The tax departments of most law firms have had a bad run over the last ten years, losing market share and top talent to accounting firms, but there is evidence that change is afoot. To understand the problems facing law firm tax lawyers, you have to understand the market for tax services for large corporations. -
USG's Legal Team Maximizes Efficiencies With Extranet ( August 2002 )
The USG corporate counsel department has, at times, had to track as many as 100,000 court cases nationwide. USG needed an efficient way to monitor developments in those cases and share information with co-counsel around the country. They deployed the extranet, West WorkSpace. -
Problems With Compliance Programs ( January 1999 )
Many companies and counsel have come to believe that they must formally adopt compliance programs to do business in this heavily-regulated world. According to government agencies and the other proponents of compliance plans, the process of instituting compliance programs provides many benefits. Foremost among the promised benefits are that companies which institute bona fide compliance plans can thwart potential whistleblowers from bringing ruinous suits under the False Claims Act. -
The Attorney-Client Privilege: Slicing The Lines of Distinction More Thinly ( January 2001 )
The significant cases decided in the attorney-client privilege area in the last year or so clearly reflect an evolu. -
Fire Insurance Law II ( October 2000 )
Part Two Discovery Once the insurance company decides to deny the claim, litigation is the only alternative. . -
Necessary Steps to Protect Your Interests ( July 2000 )
Whether you are involved in a contract dispute with a supplier of a product, a purchaser of your product, or have suffered injury to crops or livestock, certain steps need to be taken to protect your interests.
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