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Products As Witnesses
Typically, in product liability litigation, the product involved in the accident can be an eloquent 'witness' as to what happened. The product tells trained eyes much about what happened in the mishap via 'positive' evidence, i.e., the appearance of damage, dents, marks, scratches, and so on, or via 'negative' evidence, i.e., the absence of damage or marks that should have been there had a particular event or sequence actually occurred. This cardinal evidence is so important that articles have referred to the accident product or components as the 'crown jewels,' a reference particularly apt in the context of the subject of spoliation of evidence.
Because of the importance of the 'crown jewels,' litigants should be assiduous in trying to locate and preserve the accident-involved product and in trying to assure the integrity of its custody and condition from the time of the accident. Indeed, a failure to do so can result in spoliation-of-evidence sanctions.
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.