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Dealing with a Seriously Impaired Plaintiff at Trial
Few cases inspire more sympathy than those involving a seriously impaired plaintiff. Such cases can be daunting to defense counsel because of the potential for juries to allow sympathy to overshadow their legal duty to consider the facts of each case objectively.
The laws vary among states in terms of whether and when an impaired plaintiff can be present in the courtroom during the trial of his or her case. In some states, plaintiffs' lawyers must establish the right of their clients to be in attendance during trial when defense counsel challenges that right. In other states, defense counsel is not afforded this challenge, as the exclusion of a plaintiff from any phase of trial (absent waiver by the plaintiff) is never permitted. In those situations in which a seriously impaired plaintiff is permitted in the courtroom, certain strategies may be employed throughout the course of the trial in order to minimize the risk of juror sympathy influencing the outcome of a case.
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.