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Previous Practice Tips have discussed the usefulness of the Internet in locating expert witnesses and in researching medical issues present in your product liability case. (See February 2002 Practice Tip 'Search the Internet for Medical Experts' and March 2002 Practice Tip 'Make Use of Internet Medical Sites'). Here is yet another way to use the Internet to your advantage in product liability litigation: Use it to locate and obtain old or otherwise difficult-to-obtain physical and documentary evidence.
eBay, as most people are aware, is the online auction site where Internet users can obtain virtually any item, any day of the week and at any hour of the day. Believe it or not, it is being used more and more to obtain physical evidence for use in litigation. For instance, asbestos plaintiffs' lawyers reportedly have been using eBay to purchase asbestos-containing products and industrial manuals dating back to the 1950s.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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This article explores legal developments over the past year that may impact compliance officer personal liability.