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Extraterritorial Discovery Disputes: Do Foreign Litigants Stand a Chance?
Say you defend a British corporation that is subject to the laws of England and Wales against a U.S. plaintiff who is suing your client for the negligent design and manufacture of a vehicle that resulted in the death of her child. The plaintiff's claim alleges that your client was aware of the risks associated with the design of the vehicle and knew that safer alternative designs were available. Because of cost concerns, however, your client knowingly and intentionally decided to forego the added safety features and implement the cheaper alternative.
During discovery, the plaintiff serves a set of interrogatories and document requests pursuant to the Federal Rules of Civil Procedure (“FRCP”), asking your client to disclose the names and contact information of all current and former employees who were involved in the testing of the vehicle at issue, as well as those individuals who were responsible for choosing that vehicle's particular design. Clearly, under the Federal Rules' broad discovery guidelines, the plaintiff is entitled to this information. Under British law, however, employers are prohibited from disclosing personal information of former employees without their consent. Consequently, your client cannot fully comply with the plaintiff's discovery requests without subjecting itself to civil suits at home. As a result, your client refuses to disclose the information, and the plaintiff files a motion to compel. Does your client stand a chance of prevailing, or is the court going to order production?
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.