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A Word from the Defense: Is Defending Vioxx a Recipe for Disaster? Take a Careful Look at Who Is Sounding the Alarm
The message from our plaintiffs' lawyer colleagues has been steady and direct: “Don't bother defending these cases ' you're going to lose and you're going to lose big. Just pay us all lots of money now and save yourself a lot of pain and agony.” And what other message would they send? Their goal is to reap the highest reward from the least amount of effort. Litigating every case on every level; financing and staffing hundreds of complex trials, and waiting for final appellate review of every verdict is no way to run a mass tort practice ' at least not from the plaintiffs' perspective. Given this author's perspective, it makes sense to examine the options more carefully before deciding that the only way to avoid ruin is to wire massive sums into the trial bar's trust accounts.
The thoughts and observations expressed here do not come from someone with any involvement in the Vioxx litigation, and, therefore, are expressed without any particular familiarity with the facts of those individual cases or the relative strengths and weaknesses of the cases being prepared by both sides. These thoughts and observations do come from someone who has spent the last 25 years as an active participant in many of the large pharmaceutical and medical device cases that have preceded the current mass tort du jour. In every instance, with admittedly varying permutations of victory claims from both sides of the battle, the most effective answer to the onslaught of litigation has been a strong and thorough defense ' not only of the conduct and science story, but also of every individual case. Preparing the defense of these cases is never simple or inexpensive, but comprehensive preparation of every aspect of the litigation is the only effective way to overcome the inherent public prejudice and misconceptions of the pharmaceutical industry that the defendant will face as the cases proceed to trial.
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.
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.
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.