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Contaminated Food Scares Raise Myriad Insurance Issues
Three instances of contaminated food with potentially wide-ranging impacts have received national media attention in the past six months.
In September 2006, the U.S. Food and Drug Administration ('FDA') issued an alert regarding an outbreak of spinach contaminated by E. coli bacteria (FDA Release #P06-131, Sept. 14, 2006). The FDA reported that, as of Sept. 26, 2006, 183 cases of illness in 26 states due to E. coli infection were reported to the Centers for Disease Control and Prevention ('CDC'), with 95 hospitalizations and one death. Five lawsuits reportedly were filed by one law firm in Washington state. Food suppliers in Oregon, Washington, California, and New Jersey undertook five recalls, impacting sales in numerous states and, in some instances, internationally. These recalls not only affected packaged spinach, but also processed food such as salad mixes and frozen pizza. FDA Release #P06-146, Sept. 26, 2006.
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.