Attorney-client privilege is hindering this lawyer's ability to impress chicks with descriptions of his work.

Kash-

Thanks, a new turducken is on the way.

Is it too late to ditch Latham and accept my old Cleary offer?

Who is "the him?"

MPRE results out.

4

If you chose Latham over Cleary, you deserve to get fired.

Future Elie:

Please help me ASAP, my fantasy football draft is in a few hours and I need to know whether I should draft Sanchez. Will he make the Jets better? Will he be good? Where are you, Future Elie?

the privilege isn't being used as both a shield and a sword when no charges have been pressed and there is no case.

If the AG has probable cause or reasonable cause to press charges, and if BOA then uses the privilege for its defense, then the AG can make that point.

Elie,

Not to point out the obvious, but your previous post concerned the creation of the MBS/CDS securities, whereas this does not. Hence not related.

For the record these guys may have done something wrong while the lawyers who created the securities did not.

Out here, this would never happen. Every man under the color of the law looks after their own kind.

Suggestion: Create two ATL sites. One for the big boys and another - Junior ATL - for small firms in small cities. Hate to sound like a snob, but I don't come to this site for stories about some firm I've never heard of. The new site could be called Below the Law or Below Above the Law.

8. In my Madden franchise, Sanchez led the Jets to a 12 - 4 record in his first year. 2500 plus yards, 15 TDs against only 4 picks. Of course, this was based on Dustin Keller developing into a top flight tight end, Chansi Stuckey becoming a solid #2 receiver, Thomas Jones not looking old, and Leon Washington turning into an evolutionary David Megget.

Since it is unlikely that Stuckey is really that good, Jones isn't that old, and Washington is anything more than *regular* David Megget, I'd stay away from Sanchez in the first round.
--Elie

8 + 13

Please join my fantasy football league. You are both free to draft Sanchez in the first round. While you are at it, please pick up Kellen Clemens at round two as a "handcuff."

Draft Dirty Sanchez

Glad to see HofstraMagna back. He's in the top 3 commenters on ATL.

Elie - thank you for responding, but I was hoping for some of Future Elie's insight because he is from the future and you're just guessing based on whatever your Nintendo DS told you (I assume you are playing Nintendo DS, right, surely someone begging for a student loan bailout is living in poverty and can't afford a PS3 or XBOX?). However, I would be ecstatic with a 12-4 record this season followed by a Super Bowl victory.

14 - Where I come from, Jets players don't last too long past the first round. At best, I'm hoping to be able to get Sanchez in round 1 and Greene in round 2. This is a keeper league and I still have Brett Favre from last season because some idiot traded him to me for Tom Brady before the season. I would definitely start Sanchez right off the bat. I just wish the Jets would go out and get Colston. Remember how awesome the last Hofstra player on the Jets was?

Suggested response for my friends at CGSH:

Listen up Cuomo, you populist chicken-little.

We live in a corporate world of laws and regulations. And those laws and regulations have to be interpreted by erudite people with the ability to astutely analyze complex relationships and synthesize reams of information – but even more elementally basic and incredulous to you– effectively represent the intersts of their clients, not self-promote thier own political careers.

Who's gonna do it? The Cowboy Bankers? Their asleep-at-the-switch Risk Managers? You - some benificiary of nepotism looking to out-Spitzer Spitzer without achieving any actual redress for the people you pretend to serve?

I have neither the time, nor the inclination, to spend any fraction of an unbillable hour explaining legal ethics to a politician whose campaign coffers ebb and flow as a result of the risk management advice that we provide and then questions the garrulous manner in which we provide it and/or tries to invalidate the State of New York's legal ethics when he's not handed a smoking gun on a silver platter.

Personally, if you inist on emulating your predecssor, I'd rather you just stuck to barebacking call girls and went on your way.

Otherwise, I suggest you get off your spoiled ass and collect your own damn evidence.

Either way, I don't give a damn what priviliged communicaitons you think you're entitled to!

18 = winner.

18 FTW

nice 18

Why should Cleary worry? They are just repping BofA in the litigation. The lawyers who would potentially be on the hook are from Wachtell and Shearman, since they were the ones who counseled BofA not to disclose the Merrill bonuses to shareholders.

privilege waivers are routinely requested by govt investigators as a condition for being deemed cooperative, and are usually granted for that reason. nothing unusual here for any lawyer with a basic understanding of white collar investigations.

Just another reason why TTTers shouldn't be allowed to practice law, not to mention become Attorney General. Did they not teach legal ethics at the Albany Law School?

@22, if Cuomo goes after Wachtell or Shearman documents, then his people have to sift through it all. If he goes to Cleary and takes the documents they have collected to defend BoA and says "Let me decide if there is privilege" then he's basically had the Cleary associates do his office's work for him. Then he can leak the embarassing documents, whether pertinent to illegality or not, to the press in small bunches until BoA settles and then he can run for governor as defender of the people against Wall Street. This is a move straight from the NYAG playbook. Remember, the rule of law is not important when it effectively helps people that the NYAG doesn't like.

23 - Let me hop in my time machine so I can travel back to 2005 when that was an accurate statement of common practice.

*travels back in time*

Wow, 23, what a great and insightful comment! This Thompson Memorandum provides that federal prosecutors can routinely request privilege waivers and consider whether or not they're given to be evidence of whether the corporation was cooperative. I'm sure this policy won't come under fire from the defense bar and the judiciary and be replaced sometime in late 2006!

Jesus, when was the last time New York had an AG that wasn't a grandstanding ass clown trying to handjob the ignorant public into electing him governor?

Waiving ACP is the only way to verify BofA's claimed defense. If what BofA claims is true, then they need to waive ACP to be absolved. Otherwise, they should not be allowed to settled. See . . . all other news outlets covering this, including law.com and zerohedge.com
http://www.law.com/jsp/article.jsp?id=1202433336204
http://www.zerohedge.com/article/judge-rakoff-set-expose-every-detail-wall-streets-usage-sec-bidet

I was going to post "Fuck off, Cuomo!", but after 18, there is nothing to say. Sir, you are the superior commenter, sir!

Guys at my Thelen office used to waive privilege all the time. It was no big deal.

26 - i stand corrected, sir. incidentally, the timeframe you mentioned was when i rocked my white collar crime class in law school. there's a lesson in here for law students, i guess.
23