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Issuing a proper Upjohn warning will not cure multiple representation conflicts

USA - May 8 2009 A recent decision calls into question whether an Upjohn warning given by a company's lawyer to a company employee during an internal investigation is sufficient to protect the company's privilege, particularly if the company's lawyer had a prior attorney-client relationship with the employee or represents the employee concurrently.

James Q. Walker

Ninth Circuit’s reversal of evidence exclusion in Broadcom case does not alter lessons learned regarding Upjohn warnings

USA - October 7 2009 Earlier this year we circulated a memorandum discussing the implications of the suppression order issued in United States v. Nicholas, 606 F. Supp. 2d 1109 (C.D. Ca. Apr. 2009), on the administration of Upjohn warnings.

James Q. Walker

CFTC enforcement outlook

USA - April 1 2014 Gretchen L. Lowe, Acting Director of the Division of Enforcement of the U.S. Commodity Futures Trading Commission (CFTC), participated in a March 31…

Benchmarking LIBOR: a controversial history, an uncertain future

United Kingdom, USA - March 24 2014 As the primary global benchmark for short-term interest rates/ the London Interbank Offered Rate (LIBOR) serves as an indicator for many currencies…

Jon Kibbe

Regulatory challenges for public companies

USA - January 6 2010 Examination of US regulatory enforcement actions and criminal investigations and prosecutions in 2009 suggests that the Securities and Exchange Commission (SEC) and United States Department of Justice (DOJ) have intensified their focus on senior executives and are targeting them even in the absence of evidence of actual participation in any misconduct.

James Q. Walker