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Designer Liability: A Trap for the Unsuspecting Manufacturer Or Former Manufacturer
In order to hold a defendant liable in a product liability case, tort law traditionally has required an injured plaintiff to show that the named defendant manufactured, sold, or distributed the product that allegedly caused the plaintiff's injury. Over the years, however, courts have established exceptions to this general rule. See, e.g., Thomas v. Mallett, 701 N.W.2d 523 (Wis. 2005) (lead paint manufacturers held liable under a market share liability theory even though the plaintiff could not prove which defendant manufactured injury-causing product). Recently, several courts have further eased plaintiffs' burden of proof by using theories of designer liability to hold companies responsible for injuries to consumers, even though the plaintiff could not show that the defendant manufactured, sold, or distributed the product that caused the plaintiff's injuries.
This article discusses these recent decisions and highlights for manufacturers the steps they should consider in seeking to minimize their potential liability exposure under designer liability theories.
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.