Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Understanding the Difference Between Advocacy and Obstruction When Facing Government Investigations
Franklin Brown, Steven Woghin, Lauren Stevens. All three attorneys rose to the top of the in-house counsel ranks at their companies. All three faced unprecedented challenges when their companies came under federal investigation. Most importantly, all three were accused of obstruction of justice in how they handled their companies' responses to government investigations. As executive vice president and chief legal counsel for Rite-Aid Corp., Brown was accused of attempting to deceive government investigators and the law firm hired to perform an internal investigation into the manipulation of the company's financial statements by coaching witnesses to lie and backdating contracts. Ditto for Woghin, senior vice president and general counsel of Computer Associates International Inc. As vice president and associate general counsel of GlaxoSmithKline, Stevens was accused (but later exonerated at trial) of concealing evidence and making false statements to the Food and Drug Administration (FDA) investigating the company's off-label promotion of Wellbutrin.
In light of these cases, and others, corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.
|Obstruction Under Federal Law
Laws prohibiting obstruction of justice can be found throughout the U.S. Code, depending on the subject matter and regulatory scheme involved. However, many more commonly used statutes prohibiting obstruction generally reside in the Crimes Code, Chapter 73, 18 U.S.C. Section 1501 et seq. These laws apply to federal proceedings before the judiciary, executive departments/agencies, and Congress and are not limited to criminal investigations. Putting aside the more obvious forms of criminality (such as the use of threats/violence, witness intimidation, and jury tampering), the laws most relevant to corporate counsel guiding the company through a federal investigation are those prohibiting tampering with witnesses and physical evidence.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.