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Supreme Sentence Snafu The Supreme Court fixed the constitutional flaw in the sentencing guidelines. Now it must correct the same flaw in its remedy. by Abbe Lowell and Christopher ManWhen Congress Calls Defense counsel facing congressional subpoenas need to understand the important differences from the judicial kind. And the Federal Rules of Civil Procedure won’t help much. by Lanny Breuer and Rob KelnerA Prosecutor’s Discretion Federal prosecutors have considerable discretion, but counsel who establish credibility can help their white-collar clients. It’s also a good idea to understand the real motivations of the lawyers on the other side. by John RothNo Need for a Monitor Today’s trend in corporate settlements is for the government to require an independent monitor. A recent Foreign Corrupt Practices Act case shows how to avoid that intrusion. by David Krakoff and James ParkinsonStay Firm on the Privilege Since the McNulty memo, some are eager to endorse selective waivers of the attorney-client privilege. Not so fast. This approach can bring major problems. by Philip Inglima and Tom Hanusik

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