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What Are "Oral Downloads" to the SEC and Why Do They Matter?


In this blog post – the first in a three-part series – Daniel Patrick Wendt and Ann Sultan discuss a discovery dispute that arose between two former executives of General Cable and General Cable's external counsel Morgan, Lewis & Bockius LLP. "The discovery dispute – now rendered moot by an agreement between the former executives and Morgan Lewis – provides an interesting study on whether and how external counsel can navigate the difficult terrain when offering to cooperate with the [Securities and Exchange Commission] or [Department of Justice] or both on behalf of corporate clients whose employees themselves may become targets of subsequent civil or criminal actions," Wendt and Sultan wrote. This first post focuses on the defendants' motion to compel Morgan Lewis to provide interview memoranda, meeting notes, and other documents from the law firm's internal investigation based on Morgan Lewis' reporting to the SEC and General Cable's auditor.