Jerry Sandusky and Related Trials

[Sam's Drunk Dog]

Freeh and his firm is also been fighting tooth and nail to prevent their workpapers and correspondence between them and the "university" to be available to the Paternos and to Jake Corman in his lawsuit against the NCAA.

Yes, because those would be covered by the attorney–client and work-product privileges. Every law firm and lawyer would fight tooth and nail against the release of that sort of stuff, regardless of the case. We're ethically required to maintain the confidentiality of that material.

The courts so far have ruled that there was no attorney-client privilege between Freeh and PSU. I'm not sure how either privilege would apply since Freeh wasn't acting as counsel for PSU.

[Sam's Drunk Dog]

What is the ultimate goal of this lawsuit? To keep the NCAA fine money in PA? To overturn the NCAA fine?

It was to keep the fine money in PA, but it appears that the courts are now going to rule on the validity of the consent decree as well.

[Shyster]

The courts so far have ruled that there was no attorney-client privilege between Freeh and PSU. I'm not sure how either privilege would apply since Freeh wasn't acting as counsel for PSU.

No, the trial judge found waiver of the privilege, not that it didn't exist to begin with. And the question is being appealed.

[relantel]

The courts so far have ruled that there was no attorney-client privilege between Freeh and PSU. I'm not sure how either privilege would apply since Freeh wasn't acting as counsel for PSU.

No, the trial judge found waiver of the privilege, not that it didn't exist to begin with. And the question is being appealed.

The problem is the engagement letter has Freeh's client as the Special Investigations Task Force, not PSU or the PSUBOT. Presumably, the SITF has disbanded, leaving he PSUBOT the holder of the privilege if it exists. The engagement letter wasn't for the purposes of legal services - it was to conduct an "independent investigation". It's quite clear now that Freeh and FSS failed to deliver on that.

There is little chance of Pepper Hamilton winning an appeal of this ruling, since the collusion with outside parties - NCAA, OAG & B1G - defeats the privilege. The public release of the report constitutes subject-matter waiver for anything not shared with the outside parties. The privilege cannot be used as a shield and a sword, which is what PSU/PepperHamilton were trying to do, and the judge rightly shot that down.

[tifosi77]

Also, Freeh isn't licensed to practice law in the Commonwealth. (According to his firm's website, he is admitted to practice in NY, NJ and DC.) Reciprocity wouldn't apply for the reasons previously stated. There is no privilege.

[slappybrown]

That's quite the novel interpretation of the privilege tif.

[tifosi77]

My understanding is that when an attorney is providing advice and counsel or otherwise representing a client in a jurisdiction in which they are not licensed they must affirmatively seek pro hac vice admission to that jurisdiction's bar if they want to maintain privilege. From what I've read, Freeh didn't do that when he was engaged to conduct the investigation and report his findings, I'm guessing in some part because he knew at the outset that he wasn't acting as counsel. That is why reciprocity would not apply, and is a further detriment to the attempt to assert privilege now.

[Shyster]

I don't believe that is accurate, tif. It would be counterproductive to the reason the privileges exist, which is to protect the client's confidential information, not the lawyers. The attorney-client privilege belongs to the client and can only we waived by the client. There are only a few limited circumstances where the lawyer can divulge privileged information without the client's consent. Under the rule above a client would lose privilege over its confidences if, for example, a lawyer lies to the client about being admitted in a certain jurisdiction—something that is not the client's fault.

[slappybrown]

My understanding is that when an attorney is providing advice and counsel or otherwise representing a client in a jurisdiction in which they are not licensed they must affirmatively seek pro hac vice admission to that jurisdiction's bar if they want to maintain privilege. From what I've read, Freeh didn't do that when he was engaged to conduct the investigation and report his findings, I'm guessing in some part because he knew at the outset that he wasn't acting as counsel. That is why reciprocity would not apply, and is a further detriment to the attempt to assert privilege now.

I would say this is wrong legally, and a near impossibility practically.

I am assuming that Freeh was retained in a legal capacity. I do not know the circumstances of his being retained. His being a lawyer in and of itself does not create a privilege of course, but again I'm working on the assumption he was retained as legal counsel to conduct an investigation.

[Pitt87]

My understanding is that when an attorney is providing advice and counsel or otherwise representing a client in a jurisdiction in which they are not licensed they must affirmatively seek pro hac vice admission to that jurisdiction's bar if they want to maintain privilege. From what I've read, Freeh didn't do that when he was engaged to conduct the investigation and report his findings, I'm guessing in some part because he knew at the outset that he wasn't acting as counsel. That is why reciprocity would not apply, and is a further detriment to the attempt to assert privilege now.

I would say this is wrong legally, and a near impossibility practically.

I am assuming that Freeh was retained in a legal capacity. I do not know the circumstances of his being retained. His being a lawyer in and of itself does not create a privilege of course, but again I'm working on the assumption he was retained as legal counsel to conduct an investigation.

Privilege is not that narrow, for good reason. Just being a bar-admitted lawyer AND having (or intending to have) an agreement with a client does protect communication as privileged. One does not stop being a lawyer in another jurisdiction just because they are not admitted in that particular jurisdiction. Pro hac vice is an application to represent a client in court, file motions, etc., but isn't a requirement to act as counsel.

The reason the judge in this case determined that the emails were not protected by privilege was because they disclosed some of the details publicly, which would waive privilege.

[relantel]

The Paterno side has asked the court to strike the gag order on non-confidential discovery based on the NCAA's selective release themselves (the very thing the NCAA used as argument for the protective order in the first place).

http://co.centre.pa.us/centreco/media/u ... MOTION.pdf" onclick="window.open(this.href);return false;

[Sam's Drunk Dog]

Penn State trustees get access to Freeh documents

http://m.apnews.com/ap/db_268748/conten ... d=AyGrgNza" onclick="window.open(this.href);return false;

[relantel]

Anyone taking bets whether the C/S/S trials will happen in 2015 or be in 2016 or later?

[slappybrown]

Yes, I am taking action on when those trials will occur. What is your bet and how much?

[count2infinity]

Anyone taking bets whether the C/S/S trials will happen in 2015 or be in 2016 or later?

[youtube][/youtube]

[columbia]

Yes, I am taking action on when those trials will occur. What is your bet and how much?

A boy, 8 lbs/1 oz, born on the 25th.

[Sam's Drunk Dog]

Yes, I am taking action on when those trials will occur. What is your bet and how much?

I bet that they will be dismissed before ever going to trial and I wager $4.09.

[slappybrown]

Yes, I am taking action on when those trials will occur. What is your bet and how much?

I bet that they will be dismissed before ever going to trial and I wager $4.09.

Is that in American currency? I don't take JoePaBucks or SpanierDollars or DontKnowWhenToStopBecauseYouPeopleYesYouPeopleAreAtBestToneDeafAndAtWorstInsaneYen.

[Sam's Drunk Dog]

Don't worry, I trade in ImaPittfansoevenifGodhimselftoldmedifferentidstillbelievethatPaternowasthedevil

[relantel]

Lastest Corman filing & documents (now posted dated 12-1-14):

Corman answer to NCAA motion for partial summary judgment: http://www.pacourts.us/assets/files/set ... ?cb=ec5d5a" onclick="window.open(this.href);return false;
Exhibits part 1: http://www.pacourts.us/assets/files/set ... ?cb=780fb9" onclick="window.open(this.href);return false;
Exhibits part 2 (Starting at 35): http://www.pacourts.us/assets/files/set ... ?cb=310c64" onclick="window.open(this.href);return false;
Exhibits part 3 (starting at 53): http://www.pacourts.us/assets/files/set ... ?cb=93c281" onclick="window.open(this.href);return false;

[slappybrown]

Don't worry, I trade in ImaPittfansoevenifGodhimselftoldmedifferentidstillbelievethatPaternowasthedevil

But JoePa is God, right?

[count2infinity]

[Sam's Drunk Dog]

[Sam's Drunk Dog]

"@jhsmith409: Judge Covey dismisses #NCAA motion for partial summary judgement. http://t.co/Zrh7kFXbYr" onclick="window.open(this.href);return false;"

[Troy Loney]

http://www.post-gazette.com/sports/psu/ ... 1412110296" onclick="window.open(this.href);return false;

Looks like it's time to get rid of the Chairman.

I continue to be concerned by the single-minded focus and the steady stream of resolutions that have required inordinate amounts of trustee time spent on one issue, and deflected attention from a wide range of vital university issues. This is a significant problem. It is incumbent upon this Board to devote more time in 2015 dealing with the critical issues that affect our University and, most importantly, our students. Our fiduciary responsibility as trustees demands this.

Each year, over 90,000 families entrust their children to Penn State. We must devote serious time and attention to the issues of access and affordability, and work together to ensure our students don't enter the workforce heavily in debt. As President Barron has noted, our University is also an important economic development force in Pennsylvania. This Board must explore ways in which we can maximize the University's role, and in doing so, create better job opportunities for our graduating students.