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The Need for New Policy and Business Paradigms
New products frequently give rise to new waves of product liability litigation. With nanotechnology-rooted innovation forecasted to account for upward of $1.5 trillion in global commerce by 2015, the stakes are high. The low-hanging fruit of nanotechnology is being harvested now, with some 600 nano-labeled products on the market internationally (including such things as sunscreens). But the bigger investment and return on nanotechnology is poised to unfold over the next five to 15 years and beyond ' in the form of personalized medicine (targeted drug delivery, with fewer side effects); improved, cleaner means of energy production, storage, and distribution; faster (more powerful, miniaturized) computers and personal communication devices; and major advances in infrastructure improvement, in the form of lighter, stronger cement and steel (among other things). Examples of its promise abound. See Nanotechnology: The Future is Now, metropolitan corporate counsel at 59 (Dec. 2007).
Without doubt, the emerging field of nanotechnology ' involving the design and engineering of material, structures, and devices at the atomic and molecular level ' is one holding great commercial and social significance for a broad cross-section of the global economy. See D. Wallace and N. Booke, Industrial Revolution Redux, product liability law & strategy at 1 (Jan. 2008). At the same time, nanotechnology raises a number of questions yet to be answered concerning the possible variety of human health and environmental risks that might follow in the wake of commercial exploitation. Significantly, these concerns are increasingly being voiced by a broad cross-section of stakeholders, including a lobbying coalition consisting of industry
players and environmentalists. See, e.g., Agency Seeks Data about
Health, Environmental Risks of Nanotechnology, worker's comp. rep. (LRP Pub. Apr. 11, 2008).
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.