Any litigator tasking interviews of potential witnesses needs to know about the no-contact rule (ABA Model Rule 4.2)[1], which forbids talking to represented people on the other side of a case. This also goes for most current employees of the other side —  certainly any employee senior enough to make critical decisions or

If you haven’t seen the amusing and disturbing piece in the Wall Street Journal this week about Black Cube, the band of former Mossad (Israeli secret service) agents, it’s worth a look.

The article explains that Black Cube’s people run around the world pretending to be people they are not, in order to investigate private,

One of the most fruitful avenues of investigation is to look at material that nobody ever thought would harm them. That’s the kind of material people do not take great pains to hide. Why hide it when it won’t hurt you and there is so much else in the world to worry about?

Trusts set

Clients often ask us whether we tape-record phone calls we make in the course of an investigation. Our brief answer is, “never.” Here is why:

  • Recording could be illegal.

Some states allow tape recording conversations if one of the two people in the conversation is aware that a tape is rolling, but some require that