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New York Ruling Reveals Third-Party Liability Trend
In the emerging issue of third-party liability, recent rulings by the high courts of New York state and Georgia, and a case pending before the New Jersey Supreme Court, may provide some insight as to the direction other state supreme courts may follow.
In late October 2005, New York's highest court found that the Port Authority of New York and New Jersey owed no duty of care to the plaintiff ' the wife of a former Port Authority worker who alleged she contracted mesothelioma from laundering her husband's asbestos-soiled clothes. Holdampf, et al. v. A.C. & S., Inc., et al., & The Port Authority of New York and New Jersey, No. 135, N.Y., Oct. 27, 2005. The ruling was the second such decision from a state's top court this year, following the lead of the Supreme Court of Georgia's January holding in a similar case. CSX Transportation v. Williams, 278 Ga. 888. In the time between these two decisions, a third case, in New Jersey's Appellate Division, expanded employer liability. That case, Olivo v. Exxon Mobil Corporation, 377 N.J. Super. 286, 872 A.2d 814, which is pending before the state's supreme court, is valuable for possible litigation strategies in other states.
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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.