Scope of joint defense doctrine enlarged

Article Abstract:

'U.S. v. Schwimmer' in 1989 and 'In re Grand Jury Subpoenas 89-3 and 89-4' in 1990 illustrate how the joint defense doctrine has been broadened since it was first stated in 1871. This doctrine allows attorneys and clients to share confidential information without losing the protection of attorney-client or work product privilege. In 'Schwimmer' the US 2d Circuit highlighted the importance of attorney-client privilege in the adversarial system. In 'Grand Jury' the 4th Circuit adopted and extended the 2d Circuit's analysis.

Confidential communications, Attorney-client privilege, Practice of law, Work product privilege (Law), Attorney and client

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Assessing a new ruling on joint defense

Article Abstract:

The court held in US v Bicoastal Corp that a joint defense agreement did not represent a conflict of interest necessitating disqualification of any of the defense attorneys and that the defendants did not have to disclose information about this agreement to the prosecution. The court held that disclosure of such information improperly intruded into defense preparation of the case. The case was a defense procurement fraud action against the corporation and five former employees of one of its divisions.

Criminal procedure, Conflict of interests (Attorneys), Conflicts of interest (Lawyers), Joinder of parties

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How Reves may alter plaintiffs' strategy

Article Abstract:

The US Supreme Court ruled in Reves v Ernst & Young that an outside accounting firm was not liable for treble damages in a civil RICO action unless that firm had 'participated in the operation or management' of the 'enterprise' which was the subject of the suit. Future civil RICO plaintiffs will probably try to show that the third party defendant 'aided or abetted' with the racketeering at issue and thus should be held liable for an 18 U.S.C. 1962(c) violation.

Exemplary damages, Punitive damages, Civil RICO actions

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