November 2006

 

Court Declares Government’s Hardball Tactics Unconstitutional

Federal judge guts Thompson Memorandum procedures–Congress holds hearings
In two dramatic decisions this past summer, a federal judge sitting in the Southern District of New York ruled that the government’s implementation of the so-called Thompson Memorandum violated the Fifth and Sixth Amendments, providing legal ammunition to criminal defense attorneys representing clients charged in corporate fraud cases; and many are expressing thanks.

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December Rule Changes to Impact E-Discovery

Litigators must adapt quickly to amended rules
Amendments to the Federal Rules of Civil Procedure that took effect as of December 1, 2006, will require litigators to address electronic production earlier in the life of a case, and more thoroughly. Veteran observers believe the new rules will bring about rational and overdue change.

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ABA Calls for Protection of Draft Expert Reports

Counsel advised to stipulate to protections until rules are amended
At the ABA Annual Meeting last August, the House of Delegates adopted a resolution calling on federal and state lawmakers to enact rules precluding discovery of draft expert reports as well as communications between attorneys and testifying experts. The resolution, which was proposed by the Section of Litigation and others, also recommends that attorneys voluntarily stipulate to such arrangements until the rules are amended

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