Baylor Case: Public Statements Can Waive Privilege

Baylor University was concerned that it was not in full compliance with federal law relating to complaints of sexual harassment and violence. Baylor also expected litigation.  Baylor’s Board of Regents hired the Pepper Hamilton law firm to investigate Baylor’s procedures, policies and other “institutional response” aspects of Baylor’s compliance obligations.  Baylor and Pepper Hamilton agreed […]

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DOJ/EPA Officials Deny Significant Changes to SEP Policy Due to Sessions Memo

On August 4, 2017, at the 29th Annual Texas Environmental Super Conference, I heard presentations from Patrick Traylor, Deputy Assistant Administrator for the EPA’s Office of Enforcement and Compliance Assurance and Jeffrey Wood, Acting Assistant Attorney General of the Environment and Natural Resources Division of the U.S. Department of Justice (“DOJ”). These federal officials spoke […]

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Manslaughter Charges in Flint, Michigan Water Controversy: What Ramifications for Businesses?

On June 14, 2017, the Michigan Attorney General (“AG”) filed manslaughter charges against five current or former government officials.  The charges stem from the death of a Flint resident from Legionnaire’s Disease. Criminal charges against government officials generally make headlines, as do charges against businesses or their managers. Against one official, the charges assert that […]

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Does New DOJ Policy Threaten the Use of Supplemental Environmental Projects?

On June 5, 2017, Attorney General Sessions issued a one page memorandum (“the Sessions Memo”), stating that the Department of Justice (“DOJ” ) will no longer agree to settlements that include “payments” by a defendant to a third party organization. The prohibition applies to civil suit settlements, plea agreements, and deferred prosecution agreements. The prohibition […]

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A Duty to Preserve Mobile Data – YES!

A duty to use reasonable efforts to preserve potentially relevant information, including electronic data, arises when litigation has commenced or is reasonably anticipated. Today, mobile devices often contain unique, relevant data.  Moreover, due to available technology, preserving mobile data is now generally easy and relatively inexpensive. Quite simply, the combination of unique, relevant data with […]

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