A brief arguing that a counsel's status, whether employed or retained, should not be the basis for determining access to confidential information.
A brief arguing that the relationship between in-house counsel and their corporate clients/employers should be treated the same as any attorney-client relationship.
Access to confidential information
Proxy Statement disclosures. This brief argues the implied right of action recognized by the Court of Appeals (Fourth Circuit) nullifies state law and conflicts with fundamental principles of federalism. Additionally, the unrestrained liabilities and vague substantive requirements imposed by the court of appeals threaten to degrade the quality of disclosure in proxy statements.
A brief arguing that due process requires legal standards to determine when and in what amount punitive damages are to be inflicted
A brief addressing the question of whether a court may deny a party's counsel access to confidential information which is under a protective order because counsel is an employee of the party.
A brief arguing that corporate compliance programs are a highly desirable means of self-regulation of corporate behavior and should be encouraged rather than discouraged.
A brief arguing that the decision of the California Public Utilities Commission ("PUC") would virtually eliminate that ability of inside counsel to assist companies regulated by the PUC and conflicts with the corporations right to the assistance of counsel.
A brief arguing that punitive damages judgments based on unchanneled jury discretion presumptively violate the excessive fines clause of the 8th Amendment.
This law was enacted to prevent the denial of employment opportunities by prohibiting the use of lie detectors by employers involved in or affecting interstate commerce.