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Inhalation Litigation: Mold to Engineered Nanoscale Materials?
Asbestos litigation finally may be winding down, and personal injury mold litigation seems to have been stopped in its tracks. That means something else must rise and be the next wave of inhalation litigation, and it looks like it is the emergence of engineered nanoscale materials. Venture capitalists and the government itself predict that engineered nanoscale materials will transform the field of engineering. Such engineering proclamations have been made in prior generations; Henry Adams once warned that 'every day nature violently revolted, causing so-called accidents with enormous destruction of property and life, while plainly laughing at man, who groaned and shrieked and shuddered.'
Revisiting Mold Litigation
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.