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Representing the Corporate Executive

By Charles M. Meadows, Jr.
October 30, 2006

As a result of the Seaboard Release (SEC, 2001) and the Thompson Memorandum (see p. 1), potential conflicts in representing both a corporation and its officers and executive employees have become more frequent. The corporation, in order to avoid prosecution and limit its exposure to civil damages, must promptly conduct an internal investigation and turn over the results of that investigation to the appropriate governmental agency as soon as possible. This may not be the best way to defend executives exposed to criminal liability.

Anticipating the Need for Separate Counsel

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