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47 Infrastructure 1 (2007-2008)

handle is hein.journals/infrastr47 and id is 1 raw text is: A A SECTION OF PUBLIC UTILITY, COMMUNICATIONS AND TRANSPORTATION LA W St. Mark cuinary tlfor gnrlcuslPart 2 By Peter V. Fazie fr. Editor's note: The author presented this article at the Section's program at the 2007 American Bar Association Annual Meeting in August 2007. Part 1 of the article was published in the Summer 2007 issue oflnfrastructure. The attachments referenced in the article are posted on the Section's Web site at .wwaw.abanet.org/pubutil/publications/. his article focuses on the Conrad Black trial and particularly the lessons it offers for general counsel of publicly held U.S. corporations following Enron. These lessons relate to the actions of one of the defendants, Mark Kipnis, the corporate counsel in Chicago. Part 1, published in the previous issue of Infra- structure, summarized the complex background of the case. Part 2 provides details on the corporation, the general counsel, and the ensuing litigation of the case. Peter V. Fazio Jr. The corporate family Conrad M. Black, David Radler (the government's star witness under a plea agreement), Peter Y. Atkin- son, and John A. Boultbee controlled (81.16% of the (continued on page 6) Fazio semed as general counselfor NiSource Inc. until December 2007 and is Special Partner Schiff Hardin LLP Chicago, Ilinois. The author gratefulk acknowledges the assistance of i-fay Redding Washington University School ofLaw, summer associate, andfor assistance with access to documents filed in the case and otherfacts submitted into evidence, the Kpnis defense team at SchffHardin, Ronald S. Safer, Patricia Brown Holmes, Matthew B. Mock, Enka L. Csicsila,Jamal Sadat Muhammad, Elizabeth A. Blackwood, Kely M Warner; andArt Mitzel f Fazio can be read'edatpfazio@shzffhardin.com. Vol. 47, No. 1, Fall 2007 USection chair's column p. 2 Editor's note p. 2 * From aviation security to tax strategy patents: Section committee reports p. 3 * Spring Program April 7, 2008 p. 12

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