When a Privileged Conversation Isn’t: The Crime-Fraud Exception to Attorney-Client Privilege
When the government investigates or prosecutes alleged corporate crime, a key question commonly emerges: Will the accused client waive attorney-client privilege and disclose relevant communications to the government? This issue often arises because lawyers are routinely involved in corporate actions and decisions later subject to government scrutiny. “The extensiveness and complexity
“Extra Icing on a Cake Already Frosted”: The Supreme Court’s Continuing Concern with Overcriminalization
You know the Supreme Court of the United States feels strongly about an issue when, in the Court’s parlance, it adds “extra icing on a cake already frosted.” That is, in effect, what the Court did in Van Buren v. United States (No.19-783), an opinion issued last Thursday in which the Court reversed the Eleventh […]
Punitive Damages in Atlanta, Georgia Wrongful Death Cases
As mentioned in Part I, punitive damages are not available as part of the wrongful death claim. They are, however, available in connection with the estate’s claims for the decedent’s predeath injuries and pain and suffering. Donson Nursing Facilities v. Dixon, 176 Ga. App. 700, 701 (1985). Like with the wrongful death claim itself, punitive […]
What damages are available in an Atlanta, GA wrongful death case?
This is Part I of a discussion concerning what damages are available in Georgia wrongful death cases. Part II will be published next week. Wrongful death claims in Georgia are typically divided into two separate claims: (1) the wrongful death per se as measured by the “full value of the life of the decedent” without deducting for […]
Predictions For Future PPP Fraud Prosecution By DOJ
[Law360 published the below article by Finch McCranie partner, David Bouchard, on January 25, 2021. The article concerns PPP fraud and enforcement. Our white collar criminal defense team is deeply experienced in helping individuals and businesses navigate government investigations, enforcement actions, and prosecutions. If you are contacted by a law enforcement or regulatory authority regarding […]
What is the “trial penalty” in federal criminal cases and does it mean I shouldn’t take my case to trial?
Nobody accused of a federal crime should be penalized for exercising their Sixth Amendment right to trial. And yet, because of the trial penalty, that happens all too often.[1]
Trucking Accidents and Commercial Vehicle Accidents in Georgia
Georgia trucking accidents and commercial vehicle accidents are significantly different than typical motor vehicle collisions that involve two individuals driving privately in vehicles and are not working on behalf of their employer at the time of the wreck. The primary reason for this is that tractor-trailers and other commercial vehicles are governed by the Federal […]
The Right to Confrontation in an Era of Videoconferences
Videoconferencing has skyrocketed in popularity because of the pandemic. Just check Zoom’s stock. Seemingly overnight, what used to be an irregular method of business communication has become commonplace. Courts have embraced the craze, frequently holding hearings and other meetings by video. But there are limits to what a court can permissibly accomplish by video. While […]
Georgia Medical Malpractice Cases in the Time of COVID-19
Prior the COVID-19 pandemic, in order to successfully bring a medical malpractice claim in Georgia, a plaintiff was required to offer expert medical testimony to the effect that the defendant physician or healthcare provider failed to exercise that degree of care and skill which would ordinarily have been employed by the medical profession generally under […]
DOJ’s Focus on PPP Fraud and Some Investigative Considerations in Evaluating a Client’s Exposure to Prosecution
In the early days of the Coronavirus pandemic, Congress passed relief legislation authorizing unprecedented federal aid to states, businesses, and individuals. In short order, a torrent of federal spending flowed. While those days may seem long gone as initial relief dollars have dried up and Congress is now debating additional relief programs, the Department of […]