Feedback from W. Tyler Beaty

Joyce & Paul, PLLC

Posted on: March 30, 2007

After reviewing the Draft DuPont/ED Nano Risk Framework document, I would like to submit the following commentary.

First and foremost, I commend all of those who contributed to this document as it is an excellent piece of work product that incorporates much foresight to include many potential issues when commercializing nanotechnologies. I have reviewed other publicly available “best practices” documentation and this document is the most comprehensive effort thus far.

Second, as an attorney, I’m pleased to see that legal counsel has been included on the “cross-functional decision-making review team”. I agree that an attorney familiar with relevant policies and the underlying organization can add substantial value in the way of assessment and minimization of exposure to legal risks. However, I would urge that the final version of the Nano Risk Framework be revised to include additional rationale for including legal counsel in “Decide, Document & Act” (Step# 5). At our law firm we have found that including attorneys on client communications that potentially speculate risks associated with an organization’s actions is an excellent way to further reduce exposures legal risks. This is possible because both attorney/client privilege may be afforded to certain communications, and attorneys can aid in the way risk speculation discussion are documented. If these types of discussion are improperly documented, it may be possible for statements to be misconstrued, taken out of context and ultimately used in a plaintiff’s lawsuit to prove either knowledge of a risk or intent on behalf of the organization. Although this may seem to be a rudimentary point, many of the organizations that choose to adopt this Framework will likely benefit such a revision by maximizing the value of attorneys assisting with the process.

I’m am available for discussion regarding this commentary and am further willing to contribute to the final document if required. Thank you for your consideration.

W. Tyler Beaty
JOYCE & PAUL, PLLC