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Court Watch
North Carolina Court Upholds Arbitration Award That Includes Punitive Damages
This case offers a good lesson in drafting damage limitation clauses and confirms the power of arbitrators to award the equivalent of punitive damages where the agreement does not clearly prohibit it. WMC, Inc. v. Weaver, 2005 Bus. Franchise Guide, CCH ' 13,087 (N.C. Ct. of App., Oct. 5, 2004); 166 N.C. App. 352, 602 S.E.2d 706. The cellular phone carrier WMC attempted to limit the damages that could be awarded in an arbitration with its dealer (Weaver) to actual damages. The arbitration provision at issue stated: “The arbitrator shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages, nor shall any party seek punitive damages relating to any matter arising out of this contract in any other forum.”
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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.