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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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