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A district judge just told prosecutors to stop leaning on companies that advance attorney fees. What’s next for the Thompson memo? Plus, a good appellate lawyer can be critical, both for clients and for courts needing assistance. All this and more…
• Striking Down the Thompson Memo The rulings against tactics often used in the government’s crusade against corporate crime mark a significant setback for the Department of Justice. They will encourage challenges to the department’s often-problematic policies and their strong-arm application by front-line prosecutors. by William M. Sullivan Jr. and Kevin M. King • Here’s Your Story, and You’re Sticking to It For a company under investigation, it is difficult to imagine that there would be any downside if the government decides not to prosecute. With increasing frequency, however, the package deals offered by federal prosecutors include demands that should give corporate decision makers pause. by Ben Vernia • Can a Third Party Subpoena the Feds? Does a civil litigant in federal court have the power to subpoena government documents if the government is not a party? This may seem to be a basic question, but its answer has been surprisingly elusive and may depend on which federal court issued the subpoena. by Robert R. Vieth and Tara M. Lee • Judges Need Good Help on Appeal Appellate judges want help. They want every advocate who comes before them to help them decide a case or at least help them write an accurate and persuasive opinion. We’ll discuss a number of points important to obtaining this level of effective appellate advocacy. by Timothy K. Lewis and Roy T. Englert Jr.

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