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Confidentiality Agreements Attorney-Client Privilege

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

by Hinshaw & Culbertson LLP on

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In...more

Limits On "Self-Help" Discovery In FCA Cases

As illustrated by a recent decision by a federal court in Massachusetts, it is not uncommon for an employee to take company documents that the employee believes will support a claim under the False Claims Act 31 U.S.C. 3729...more

Redux - federal agencies attack employment agreements, and what you can do about it: 8 steps to consider

by DLA Piper on

“So we beat on, boats against the current, borne back ceaselessly into the past.” - Reading advance sheets often brings the closing line from The Great Gatsby to mind.  Our alert from April 2015 is being rerun in full...more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

SEC Awards Another Whistleblowing Compliance Officer - On April 22, 2015, the Securities and Exchange Commission (SEC) announced an award between $1.4 and $1.6 million to a compliance officer who provided information...more

Carefully Draft NDAs to Avoid Whistleblower Concerns

by DLA Piper on

In light of the SEC’s first enforcement action against a company for impeding whistleblower activity in violation of Rule 21F-17, employers may wish to consider clarifying in their agreements, policies and practices that...more

SEC Whistleblower Inquiry Raises Concerns About Protection of Confidential and Privileged Information

According to a recent Wall Street Journal article, the SEC has launched an inquiry into whether corporations are using confidentiality agreements to prevent employees from communicating with the SEC about potential securities...more

Maintaining Privilege With Consultants - Practical Guide

by Cozen O'Connor on

Previously, we talked about the legal standards applied to claims of attorney-client privilege between a company's general counsel and outside consultants. Now, let's talk about practical tips for maintaining that...more

Retaliation and Whistleblower Claims by In-House Counsel

by Littler on

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

Merck Compelled to Disclose Documents; Confidentiality and Privilege Waived with Prior Disclosure to Government

A court has ruled that Merck’s production of documents to the government under a confidentiality agreement during the Vioxx investigation waived any confidentiality or privilege; documents that Merck had previously disclosed...more

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