The author is a partner at Holland & Knight LLP, Washington, DC.
To: GyneTech In-House General Counsel
From: Steven Taub
Re: Corporate Defense
GyneTech needs to move quickly in many different directions. Its first order of business is to get a handle on the facts concerning the drug trial, Diana Gray’s death, and its SEC disclosures. It needs to take steps to ensure that documents and data are preserved. A special committee of independent directors should be appointed to perform a thorough investigation, assisted by independent outside counsel.
GyneTech’s actions should be directed toward keeping control of its witnesses and documents for as long as possible and conducting an investigation that is protected by privilege. GyneTech certainly needs to develop the facts for the civil litigation it now is facing, but GyneTech’s immediate priority is preventing the government from executing subpoenas and search warrants.
The discrete threats faced by GyneTech need to be identified and prioritized. Some of them require immediate action; others should be put on a much slower track. Our initial discussions with GyneTech will be geared both toward developing strategies based on the possible outcomes of GyneTech’s factual investigation and toward taking preliminary protective steps. The issues to be addressed, along with the identification of the required investigations and possible resulting strategies, are discussed in order of priority below.one-sided, favoring the law firm's self-interest, which really means favoring the interests of the founding members of the law firm and their heirs apparent. These arrangements have become more mutual, whether we like it or not. When we lament the death of client or partner loyalty, the truth of the matter is we are lamenting the fact that we have been shaken out of our comfort zones.