Garinther said, "There really shouldn't be a fine line between defending a client and obstruction of justice – it should be bright, not fine." He added, "This indictment blurs the line a little, so it will be important to see how the defense plays out and also exactly what happened."
With regard to the duty of in-house attorneys to disclose information to government investigators, Garinther said, "Any in-house counsel needs to verify facts that he or she is reporting to the government. That's always been important."
"But there's certainly a heightened level of scrutiny in this environment that I think inside and outside counsel will be feeling for some time. The danger is it chills people's willingness to be on the frontline when reporting to government."