you or your company can be sued (Score 1)

I recently took a "Managing Within the Law" class. Short answer: with today's litigious society, the instructor (a lawyer) suggested holding your tongue. As an individual contributor, the company can be sued. If you're a people manager, both the company AND yourself can be sued directly. If you felt the candidate wasn't the suing type, I would still suggest keeping all feedback strictly to facts-- nothing like "you seemed weak in this area", but "you weren't able to come up with any new features in JDK 1.5".