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Breach of Professional Duty Claims Survive
In Charnay v. Cobert '- Cal.Rptr.3d ”, 2006 WL 3410818 (Cal.App. 2 Dist., 11/28/06) (Perluss, P.J.), the trial court erred by sustaining a demurrer to a former client's suit against the law firm that represented her as she adequately alleged, inter alia, legal malpractice and breach of fiduciary duty.
A former client filed suit for professional negligence/legal malpractice, breach of fiduciary duty and related causes of action against the attorney who represented her in her defense of a suit brought by a neighbor seeking contribution of $18,903 for im-provements to their subdivision. At her attorney's urging, plaintiff did not settle with the neighbors and brought several complaints of her own, resulting in an order that she pay the $18,903 originally sought from her, $25,800 in unpaid homeowner assessments and the aggregate sum of $580,000 for the opposing parties' attorney fees pursuant to a fee-shifting provision in the subdivision's conditions, covenants and restrictions (CC & R). Plaintiff's attorney also billed her $360,000. The trial court reasoned plaintiff failed to plead facts showing she would have agreed to a settlement with her neighbor and, absent such allegation, any suggestion that plaintiff would have received a more favorable outcome but for her attorney's malpractice was too speculative to state a claim. The trial court concluded all the other claims were also legally deficient. The former client appealed.
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.