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Texas Asbestos Reform: The New Quantitative Standard
Asbestos litigation has a storied history in this country. Many companies, large and small, have been forced into bankruptcy or have had nearly all their resources drained by years of asbestos litigation. For the last two decades, plaintiffs have been able to achieve large awards, either through verdicts or settlements, based on questionable injuries, minimal proof, and vague evidence. Although some attorneys are predicting that the large number of cases is starting to diminish because American companies generally stopped using most asbestos products in the 1970s, the caseload for many companies remains large.
Because of the devastating impact asbestos litigation has had on U.S. companies, courts and legislatures have finally begun to retake control of asbestos litigation. On June 8, 2007, the Texas Supreme Court issued its opinion in Borg-Warner Corporation v. Flores, marking the latest step in Texas' transition away from easy asbestos verdicts for plaintiffs. Borg-Warner Corp. v. Flores, 2007 WL 1650574 (Tex. June 8, 2007) ('Flores'). Flores is only the latest in a number of legislative actions and court decisions aimed at reforming Texas' asbestos 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.
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.