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Expert Analysis

Corporate Counsel Beware: Limits Of 'No Contact Rule'

Law360, New York (October 7, 2011, 1:17 PM EDT) -- When conducting a criminal investigation of a company known to be represented by counsel, prosecutors and government agents typically coordinate with company counsel when seeking to contact the company's current employees. This generally is true whether the government wants to interview an employee, or serve the employee with a subpoena for documents or testimony. But company counsel should be forewarned that while federal prosecutors and agents typically abide by this professional courtesy, this general practice is just that — a professional courtesy, and not a legal or ethical obligation....

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