In this blog post – the third 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. "[T]he extensive litigation between the parties … provides an interesting scenario for examining various questions for professionals and their clients navigating the difficult waters of cooperating with U.S. authorities prior to any resolution. … Lawyers and their clients need to assess what trade-offs are optimal in each instance," Wendt and Sultan said. The post addresses interactions with U.S. authorities, external auditors, and how to document these interactions.   

More information about this case can be found in part one of Wendt and Sultan's series, "What Are 'Oral Downloads' to the SEC and Why Do They Matter?" and part two, "How 'Oral Downloads' Created a Work-Product Protection Waiver."