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Global Warming Litigation
In-house counsel and executives within the railroad, logistics, and transportation industries need to be aware of an increasing likelihood of litigation-related to global warming. In the wake of the U.S. Supreme Court's 2007 decision in Massachusetts v. EPA, suits have been filed seeking to impose liability on companies whose activities emit carbon dioxide. As additional suits arise, they will doubtless reach companies in the oil, electric power, auto, and railroad sectors.
These developments raise an important question: Are companies in transportation-related fields adequately prepared for the acceleration of climate change-based tort cases that their industry will likely encounter in the near future? The theories of liability for contributing to global warming are still being developed, and with the vast array of factors that may contribute to climate change, issues of causation may seem insuperable. But the perception that the White House and Congress have not taken adequate measures to confront global warming may stoke interest in turning to the judicial system for relief. The potentially calamitous impact of climate change means that liability could be enormous, which gives inventive plaintiffs' lawyers great incentive to formulate a colorable legal theory. Climate change will also test the U.S. court system's ability to manage a new brand of complex litigation characterized by difficult scientific issues, burdensome numbers of litigants, and novel liability theories.
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.