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Silicosis: Breathing Down on California; Texans Charge into State with Sometimes Shady Silicosis Suits
Brent Coon sees the future of lung litigation, and it's far beyond his Beaumont, TX, headquarters. Right now, he's hoping it's in San Francisco. “California's just another expansion in our drive to become a one-stop shop,” the plaintiff lawyer said recently as he prepared for his June 1 takeover of another Texas firm's San Francisco office and caseload. Coon's presence ' and the recent filing of about 35 suits by the East Bay, CA, plaintiff firm Gwilliam, Ivary, Chiosso, Cavalli & Brewer in conjunction with a Texas firm ' are the latest signals that California is the Texans' testing ground for silicosis lawsuits.
The prospect of a move to California worries local California lung lawyers. They say a Texas litigation flood ' and the controversial tactics used by some silicosis lawyers ' will make it difficult for attorneys representing the relatively small number of actual silicosis sufferers to pursue their cases. California suits brought by Texas law firms include several involving a doctor who has made diagnoses without personally examining patients, and a gill-net approach to screening ' testing just about anyone in a random search for a speck on a lung X-ray.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.