Nancy Temple
Encyclopedia
Nancy Anne Temple was an in-house attorney for Arthur Andersen
who advised Michael Odom and David B. Duncan about Arthur Andersen policies regarding retention of documents from client engagements. Duncan oversaw the shredding of Arthur Andersen documents concerning their work for client Enron
, between October 22 and November 9, 2001 (See the Timeline of the Enron scandal
). A memo from Nancy Temple played a key role in the conviction of Arthur Andersen on charges of obstruction of justice. That conviction was later overturned.
College of Business
in 1986 with a Bachelor of Science
in Accountancy
.
After graduation, Ms. Temple attended Harvard Law School
where she graduated with a Juris Doctorate in 1989.
She began her career at Sidley Austin Brown & Wood, now known as Sidley Austin
. She worked at the law firm
for 11 years and was inducted as a partner
. Ms. Temple specialized in accounting liability.
Chief Justice William H. Rehnquist, writing for the court, said the former Big Five accounting firm's obstruction-of-justice conviction was improper because the instructions at trial were too vague for jurors to determine correctly whether Andersen obstructed justice. "'[T]he jury instructions at issue simply failed to convey the requisite consciousness of wrongdoing," he wrote. "[I]t is striking how little culpability the instructions required."
In post-conviction interviews, several of the Arthur Andersen jurors indicated that the "guilty" verdict was proximately based upon an internal October 16, 2001 email from in-house Arthur Andersen attorney Nancy Temple. The text of the email from Nancy Temple is as follows:
The Supreme Court's unanimous reversal of the conviction reinforces the opinion that the jury should not have inferred any liability on Arthur Andersen based solely upon the October 16 memo. Rather, Ms. Temple's bar license required that she not do anything that would waive the "attorney-client" privilege of Enron or Arthur Andersen. By having her name and a legal reference removed, in effect she was making the subject memo suitable for public disclosure - it was no longer a "privileged" document.
In addition, public accounting firms had a duty to notify the SEC within a defined time window if the accountants disagreed with a public accounting filing by a client. Ms. Temple's memo notes that the subject matter at issue was determined not to be of a nature that would require that Arthur Andersen to notify the SEC - i.e., a "Section 10A" filing, and her memo indicates that she will consult with the lawyers - again - to verify that conclusion.
After the Arthur Andersen case, Ms. Temple began working for Freeman, Freeman & Salzman P.C., a currently defunct law firm.
On April 1, 2008, Ms. Temple returned to practice law at Katten & Temple LLP, a firm she co-founded. The firm specializes in litigation.
Arthur Andersen
Arthur Andersen LLP, based in Chicago, was once one of the "Big Five" accounting firms among PricewaterhouseCoopers, Deloitte Touche Tohmatsu, Ernst & Young and KPMG, providing auditing, tax, and consulting services to large corporations...
who advised Michael Odom and David B. Duncan about Arthur Andersen policies regarding retention of documents from client engagements. Duncan oversaw the shredding of Arthur Andersen documents concerning their work for client Enron
Enron
Enron Corporation was an American energy, commodities, and services company based in Houston, Texas. Before its bankruptcy on December 2, 2001, Enron employed approximately 22,000 staff and was one of the world's leading electricity, natural gas, communications, and pulp and paper companies, with...
, between October 22 and November 9, 2001 (See the Timeline of the Enron scandal
Timeline of the Enron scandal
-1985:Kenneth Lay seized control in 1985 of HNG/Internorth created by the merger of Houston Natural Gas and the much larger and more diversified InterNorth, which combined four natural gas pipeline companies, Northern Natural Gas, Transwestern Pipeline, Florida Gas Transmission, and Houston...
). A memo from Nancy Temple played a key role in the conviction of Arthur Andersen on charges of obstruction of justice. That conviction was later overturned.
Pre-Andersen
Nancy Temple graduated Bronze Tablet from the University of IllinoisUniversity of Illinois at Urbana-Champaign
The University of Illinois at Urbana–Champaign is a large public research-intensive university in the state of Illinois, United States. It is the flagship campus of the University of Illinois system...
College of Business
UIUC College of Business
The College of Business is the business school at the University of Illinois at Urbana-Champaign. It offers programs in accountancy, business administration, and finance....
in 1986 with a Bachelor of Science
Bachelor of Science
A Bachelor of Science is an undergraduate academic degree awarded for completed courses that generally last three to five years .-Australia:In Australia, the BSc is a 3 year degree, offered from 1st year on...
in Accountancy
Accountancy
Accountancy is the process of communicating financial information about a business entity to users such as shareholders and managers. The communication is generally in the form of financial statements that show in money terms the economic resources under the control of management; the art lies in...
.
After graduation, Ms. Temple attended Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
where she graduated with a Juris Doctorate in 1989.
She began her career at Sidley Austin Brown & Wood, now known as Sidley Austin
Sidley Austin
Sidley Austin LLP, formerly known as Sidley Austin Brown & Wood LLP, is one of the oldest law firms in the world. It is the sixth-largest U.S.-based corporate law firm with more than 1,650 lawyers, annual revenues of more than one billion dollars, and offices in 17 cities worldwide, with the most...
. She worked at the law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
for 11 years and was inducted as a partner
Partnership
A partnership is an arrangement where parties agree to cooperate to advance their mutual interests.Since humans are social beings, partnerships between individuals, businesses, interest-based organizations, schools, governments, and varied combinations thereof, have always been and remain commonplace...
. Ms. Temple specialized in accounting liability.
Arthur Andersen conviction overturned
On May 31, 2005, the United States Supreme Court overturned the conviction of Arthur Andersen in a unanimous decision.Chief Justice William H. Rehnquist, writing for the court, said the former Big Five accounting firm's obstruction-of-justice conviction was improper because the instructions at trial were too vague for jurors to determine correctly whether Andersen obstructed justice. "'[T]he jury instructions at issue simply failed to convey the requisite consciousness of wrongdoing," he wrote. "[I]t is striking how little culpability the instructions required."
In post-conviction interviews, several of the Arthur Andersen jurors indicated that the "guilty" verdict was proximately based upon an internal October 16, 2001 email from in-house Arthur Andersen attorney Nancy Temple. The text of the email from Nancy Temple is as follows:
|
The Supreme Court's unanimous reversal of the conviction reinforces the opinion that the jury should not have inferred any liability on Arthur Andersen based solely upon the October 16 memo. Rather, Ms. Temple's bar license required that she not do anything that would waive the "attorney-client" privilege of Enron or Arthur Andersen. By having her name and a legal reference removed, in effect she was making the subject memo suitable for public disclosure - it was no longer a "privileged" document.
In addition, public accounting firms had a duty to notify the SEC within a defined time window if the accountants disagreed with a public accounting filing by a client. Ms. Temple's memo notes that the subject matter at issue was determined not to be of a nature that would require that Arthur Andersen to notify the SEC - i.e., a "Section 10A" filing, and her memo indicates that she will consult with the lawyers - again - to verify that conclusion.
Post-Andersen
Nancy Temple is now married and has two sons.After the Arthur Andersen case, Ms. Temple began working for Freeman, Freeman & Salzman P.C., a currently defunct law firm.
On April 1, 2008, Ms. Temple returned to practice law at Katten & Temple LLP, a firm she co-founded. The firm specializes in litigation.