About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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
p. 2
p. 2
* From aviation
security to
tax strategy
p. 3
* Spring Program
April 7, 2008
p. 12

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most