September 04, 2014

In this article, Jenner & Block Partner Reid J. Schar and Associates Coral A. Negron and Kristin L. Rakowski examine one of the first decisions applying and expanding upon the U.S. Supreme Court’s decision in Salinas v. Texas.  The authors explore the California Supreme Court’s holding in People v. Tom in the context of white collar matters.  In People v. Tom, the Court held that an individual’s failure to inquire about the well-being of the victims of his actions, after the individual’s arrest but before he had received Miranda warnings, could be used against him by the government.  “Although the decision arose from a vehicular manslaughter case, it has significant implications in white collar matters as well — not only for a company’s officers or employees, but potentially for the company itself,” the authors observe.  They analyze the decision and explain its implications.