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In the Marketplace
On Aug. 10, President Bush signed into law legislation eliminating vicarious liability for auto lessors, which was passed by Congress on July 29. Under this new law, renting and leasing companies will no longer be held liable for accidents involving a customer solely on the basis of their ownership of the vehicle. If the company has not been negligent, it cannot be held liable.
Following the passage of this legislation, General Motors, Chrysler and Ford announced that they will resume vehicle leasing in New York, which had a controversial and some would argue antiquated “vicarious liability” law for vehicle lessors that left the owners of leased vehicles responsible for injuries and property damage caused by drivers. The passage of this new federal legislation served to repeal the New York law and similar state statutes.
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.