The 8th Circuit's invalidation of Justice Department rules on ex parte contacts with employees of a company under investigation has raised other questions
Article Abstract:
The United States Court of Appeals for the 8th Circuit ruled in US ex rel. O'Keefe v. McDonnell Douglas Corp. that Department of Justice attorneys investigating alleged labor cost mischarges by McDonnell Douglas must follow a state ethics rule on ex parte contacts with contractor employees. The court held that Justice lacks the legal authority to exempt its attorneys from the requirements of state ethics and local federal court rules. The issue arose in a civil fraud lawsuit brought by a whistleblower under the qui tam provisions of the False Claims Act. The ruling leaves several issues unresolved.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Cryptography can ensure e-mail confidentiality; when not encrypted, e-mail is easy to intercept and may leave privileged materials vulnerable
Article Abstract:
Attorneys should be aware that electronic mail can waive the attorney-client privilege inadvertently, and encrypt all communication they wish to remain confidential. Individiduals who do not know a great deal about computers can use the newer products, and public-key cryptography solves many of the traditional problems. Pretty Good Privacy, Inc. has developed the most popular public-key cryptographic software.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Privilege or coverup?
Article Abstract:
Defense attorneys who remove and hide criminal evidence cannot hide behind the confidentiality shield. The 1967 case of In re Ryder and the 1981 case of People v. Meredith make that clear. Defense attorneys can photography such evidence without telling anyone, but going beyond that point can lead to obstruction of justice charges.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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