When Your Corporate Client Plays Federal Agent

Law360, New York (March 19, 2015, 12:03 PM EDT) -- A company — your existing or future client — has simply had enough from one of its tormentors and is determined to do something about it. So the company decides to proactively gather evidence of perceived crimes committed against it by its nemesis. The company implements that decision, without your knowledge, doing its best imitation of a federal law-enforcement agency and affirmatively gathering evidence. The company then brings this evidence to you in particular because of your criminal expertise and/or historical relationship with the company. Now what?...

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