Archive for the ‘Obstruction of Justice’ Category

Update on Stevens Dismissal: Questions on Discovery Rulings

Posted on May 11th, 2011 by Eryn Karpinski Hoerster

One of the remarkable things about the Stevens criminal indictment was the volume of attorney-client privileged material that comprised the evidence presented at trial.  While Judge Titus qualified his criticism of a District of Massachusetts Magistrate Judge’s order requiring these documents to be produced by noting that his opinion was “with the 20/20 vision of hindsight,” he found himself resolving that Crime-Fraud Exception was erroneously applied.   This left us wondering, why did the Magistrate Judge have the last word on the production of documents that eventually led to the indictment of Lauren Stevens?  Could this entire trial have been avoided had the discovery order been overturned? (more…)

District of Maryland Judge Dismisses Charges Against Glaxo Lawyer Lauren Stevens

Posted on May 10th, 2011 by Eryn Karpinski Hoerster

On Tuesday, Hon. Roger W. Titus of the District of Maryland granted defendant Lauren Stevens’ Rule 29 Motion for Judgment, acquitting her of all six charges  brought against her.  The opinion is notable as a hindsight analysis of the crime-fraud exception to the attorney-client privilege, the statutory safe harbor for advice of counsel in obstruction cases, and yet another example of good faith winning the day.  For attorneys, the opinion is also a ringing endorsement for zealous advocacy.  (more…)