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Corporate Cooperation and the Joint Defense Privilege

White Collar Criminal Defense By Binnall Law Group - 2018/07/25 at 08:11pm

In the context of white collar criminal defense, there has — generally speaking — been a fundamental tension between employees and their employers.  After all, when government agencies begin to investigate the potential wrongdoing of a business entity (and the employees therein), conflicts of interest naturally arise. An employee, for example, may be suspected of committing fraud while working for their business employer.  If the employee acted alone and without the knowledge of their employer, then no tension exists — it is perfectly reasonable for the employer to engage with prosecutors separately, and to leave the employee on their own to […]

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The Interests of Employers and Employees Are Not Always Aligned

White Collar Criminal Defense By Binnall Law Group - 2018/07/20 at 08:07pm

When businesses are being investigated for white collar criminal activity, they generally make an attempt to control information leaks, to identify system failures that may have given rise to compliance issues, and to cooperate with certain employees in the organization who may have knowledge of the activities at-issue, whether direct or indirect.  If you are an employee at a business that is currently being investigated for white collar criminal activity, or has been charged with such crimes, then it’s important that you consult with a qualified attorney to serve as your independent counsel through litigation — though your employer may […]

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Teaming Agreements Offer Government Contractors A Way To Avoid Court Battles

Business and Commercial Disputes By Binnall Law Group - 2018/07/15 at 11:31am

Like most small businesses, government contractors are focused on keeping control over their expenses. And who doesn’t hate that one dreaded line item: legal? Well, who other than lawyers that is. Admittedly, this may be a counterintuitive point for a litigator to be raising. But the fact is, savvy companies wanting to secure government contracts realize they need to find creative ways to avoid the courthouse while increasing the chances of being a successful bidder. One such strategy allows competitors and collaborators to band together to pursue a contract by creating a “teaming agreement.” This allows multiple firms to pool […]

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civil litigation, Government contractors, litigation, teaming agreements

New Threat: Paper Wants to Publish Title IX Sex Offender Registery

Civil Rights and LibertiesTitle IX By Binnall Law Group - 2018/07/13 at 01:50pm

The law of “unintended consequences” – the actions of people and government have effects that are unanticipated – may well be on vividly harsh display shortly for Title IX. Among other things, the law requires schools, colleges and universities that receive federal funding to investigate claims of sexual harassment and assault against students. But depending on the outcome of a lawsuit currently on appeal in North Carolina, Title IX might end up being used to create a de facto “sex offenders” list at the University of North Carolina at Chapel Hill despite there being no trials or due process for […]

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civil litigation, civil rights, Student Conduct, Title IX