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Online: Everything You Need to Know About Daubert
For everything you ever wanted to know about Daubert, visit www.daubertontheweb.com. The home page will direct you to a variety of links, which include: “Source” (the Daubert opinion); “Progeny” (Supreme Court cases interpreting Daubert); “Procedure” (cases resolving challenges to Daubert); “Fields” (decisions by fields of expertise); “Substance” (the Daubert worldview); “Circuits” (more than 650 appellate decisions); “States” (selected state decisions); “Tactics” (things to try); “User Forum” (to ask a question or state a view); and a Blog.
Examples of tactics that can be explored in depth by clicking on the “Tactics” link include: “Put It in the Retainer”; “Put It in the Pretrial Scheduling Order”; “Reallocate Responsibility for Inferential Gaps.”
The DOJ's Corporate Enforcement Policy: One Year Later
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 DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.
Use of Deferred Prosecution Agreements In White Collar 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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.