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ARTICLE · 02 AUGUST 2011

White Collar Roundup - August 2011

Robert Khuzami, SEC director of enforcement, upbraided some defense attorneys for engaging in sharp practice, during a speech in New York.

United StatesCriminal Law

Mind Your P's and Q's

Robert Khuzami, SEC director of enforcement, upbraided some defense attorneys for engaging in sharp practice, during a speech in New York. Chief among his complaints were defense lawyers coaching their clients during testimony (by using their feet of all things), preparing their clients not to recall damaging details, and allowing their clients to proffer patently implausible explanations for alleged wrongdoing. Khuzami was especially critical of situations where one law firm represents both the company and several individuals or even just groups of individuals, suggesting that inherent conflicts and divergent interests militate in favor of refraining from multiple-party representations.

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