Dan Wenner authored an article, "2nd Circ. Ruling Shows Pitfalls Of Joint Defense Agreements," for Law360. Wenner's article discusses the potential pitfalls of joint defense agreements through an analysis of the recent ruling in United States v. Krug, in which the Second Circuit ruled that a courtroom hallway conversation between three co-defendants who had previously entered into a joint defense agreement (JDA) did not constitute a privileged discussion protected under the common interest rule. The United States appealed the district court's order which precluded the government from introducing testimony from one of the defendants about the three-way conversation. In reversing the judgment of the district court, the Second Circuit found that the hallway discussion "did not serve the interests that justify the privilege," noting that the communications occurred without any attorneys present. The Second Circuit further noted that "the excluded statements were not made for the purpose of obtaining legal advice from a lawyer, nor did the excluded statements share among defendants advice given by a lawyer, not did the excluded statements seek to facilitate a communication with a lawyer." As Wenner concludes, "defense counsel should keep Krug in mind when describing the parameters of any JDA with their clients. And, just as importantly, when describing the scope and protections of the attorney-client privilege with any clients, whether or not they are entering into a JDA or even have co-defendants."
Steven Cash and Naju Lathia authored an article, "Pitching Your Cybersecurity Case to Law Enforcement Agencies," published by the New York Law Journal.
Dan Wenner authored an article, "How Not To File A Successful Rule 29 Motion," published by Law360.
Dan Wenner authored an article, "Wey: When Search Warrants Go Wrong," for Law360.
Dan Wenner authored an article, "FBI Leaks and the Sanctity of Grand Jury Secrecy," published in Law360.
Jed Davis was quoted in a feature article, "The Privacy Fight For Digital Data Warrants Is Just Starting," published by Law360.
Dennis Kearney was quoted in an article, "GWB Scandal Figures Challenge Statute's Reach In 3rd Circ.," published by Law360.
Dan Wenner was quoted in an article, "Shkreli's Sentence Shows Risks Of Open Defiance," published by Law360.
Jed Davis was quoted in an article, "What To Watch As Supreme Court Tackles Location Privacy," published in Law360.
Dennis Kearney was quoted in an article, "Menendez Trial To Test Line Between Friendship, Corruption," published in Law360.
On February 5, partners Dan Wenner and Jed Davis will present a webinar, "Cybersecurity Incident Report: Applying Reason And Rigor To Control Chaos," produced by PLAC (formerly the Product Liability Advisory Council).