Coordinated civil and criminal proceedings by government officials, coupled with regulatory enforcement and parallel litigation brought by private parties, give rise to new and difficult challenges for in-house counsel and practitioners alike. These challenges can be particularly acute with respect to preservation or waiver of the attorney-client privilege, the risk of self-incrimination, the drawing of adverse inferences, collateral consequences, and the like. Managing the risks associated with the possibility of contending with adversaries on multiple fronts complicates advising clients.
Agenda
Faculty
Walter P. Loughlin
K&L Gates LLP
- Partner in the global law firm K&L Gates LLP, resident in its New York office
- Concentrates practice on complex civil and criminal litigation, SEC enforcement matters, internal corporate investigations and appeals
- Lecturer in Law at Columbia Law School where for the last twenty years he has taught a seminar, with Judge Jed S. Rakoff, on the Interplay of Civil and Criminal Law
- Wrote, “Parallel Civil and Criminal Proceedings,” The Practical Litigator (ABA-ALI March 2011), “Fighting on Two Fronts: Parallel Proceedings and Challenges at the Intersection of Criminal and Civil Law,” Metropolitan Corporate Counsel (October 2006), and co-wrote, with Judge Leonard B. Sand, Judge Jed S. Rakoff, and others of Modern Federal Jury Instructions (Lexis-Nexus 1984, with semi-annual updates), a multi-volume treatise for federal judges and practitioners
- Served as Assistant United States Attorney, and Chief Appellate Attorney, in the United States Attorney’s Office for the Southern District of New York, as Associate Independent Counsel in the Iran-Contra prosecutions, and in the prosecution of former White House Chief of Staff Michael K. Deaver
- J.D. degree, Yale Law School; B.A. degree, magna cum laude, UCLA; M.A. degree in political science, Yale University
- Can be contacted at 212-536-4065 or [email protected]
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