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Case Briefs
In, Carbis Sales, Inc. v. Eisenberg, 2007 WL 4301285 (N.J. Super. A.D.), the Superior Court of New Jersey, Appellate Division, recently decided a $1 million malpractice claim against a New Jersey lawyer involving a product liability case. The defendants in the case were unsuccessful at the trial level and, as a result, claimed their lawyer improperly defended them in the case. Significantly, defendants' insurance carrier, Safe Step Reinsurance, Inc., joined in the claim against the lawyer. The Appellate Division reviewed this malpractice claim and subsequently granted all parties a second chance to re-litigate this cause of action.
In the product liability suit, Dennis Carr, a construction worker, alleged that he was injured in 1990 after using a ladder defectively altered by Carbis Sales. Safe Step acted as Carbis Sales' primary insurer during the time of the injury. The jury in the product liability lawsuit awarded $600,000 to plaintiff Carr and $100,000 to his wife for her per quod claim. The final judgment therein, with interest, totaled $1,005,842.27.
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.