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In re Allied Chemical Corp.: 'Cause' for Celebration By Defendants?
Every first-year law student who takes a torts class learns about the crucial element of causation. It is 'black letter law' that an injured party must link, in some fashion, a manufacturer's allegedly defective or negligently made product to the harm alleged in order to recover damages.
Unfortunately for many defendants, ever-more complex lawsuits and tenuous theories of liability have threatened to bury this basic principle. Some courts have gone so far as to eliminate the causation link between a particular product and the harm alleged. See, e.g., K. Cailteux and B. Gibson, 'Designer Liability: A Trap for the Unsuspecting Manufacturer or Former Manufacturer,' Product Liability Law & Strategy (August 2007) (describing instances of liability for injuries not caused by a manufacturer's product).
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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.
Use of Deferred Prosecution Agreements In White Collar Investigations
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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.