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Case Notes
Punitive, Non-Economic Damages Reduced for Paraplegic Injuries
In Buell-Wilson v. Ford Motor Co., a driver was left paraplegic from a rollover and roof crush accident. In his lawsuit against the car's manufacturer, he claimed there was evidence that the manufacturer knew the vehicle was unstable on flat dry pavement at less than highway speeds and had the technology to make the vehicle stable at a cost of $20 per vehicle, but did not use it. Even given the severity of the injuries, the reviewing court found that the approximately $65 million awarded by the trial court was disproportionate and excessive under California law. It reduced the driver's non-economic damages to $18 million. Under the Due Process Clause, the court also reduced the punitive damages to $55 million, finding that the resulting ratio of two-to-one of the compensatory damages, as reduced, was sufficient.
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.