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Judge's Order Shows Contempt for Doctors' and Lawyers' Tactics
As anticipated, Judge Janis Graham Jack's written Order 29 in the In re Silica Products Liability Litigation multidistrict litigation (“MDL”) was far from complimentary to the plaintiff bar. The order, dated June 30, addresses subject matter jurisdiction, admissibility of evidence and sanctions for some lawyers Judge Jack basically deemed charlatans. The order followed the defendants' presentation of evidence during a 3-day hearing in February in the U.S. District Court for the Southern District of Texas, Corpus Christi Division, which showed that many of the claims under investigation were brought on the basis of faulty or nearly nonexistent medical diagnoses.
The Numbers Did Not Add Up
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.