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In-house corporate counsel and outside “white-collar crime” practitioners are by now generally familiar with the basic issues raised by the representation of both a corporation and its officers by a single lawyer and by joint defense agreements. Indeed, the advantages and risks of multiple representation and joint defense agreements in the corporate context have been the subject of much commentary, including in this column.[1] But while familiarity may not breed contempt in this context, there is always the risk that it will lead to complacency. In that regard, the U.S. Court of Appeals for the First Circuit’s recent decision in In re Grand Jury Subpoena (Custodian of Records, Newparent Inc.) [2] is a useful reminder that these situations present “a smorgasbord of legal issues,”[3] which have to be anticipated and analyzed before counsel can proceed.

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