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Practice Tip: Foreign Statutes of Limitations
When you file a suit on behalf of an out-of-state plaintiff, the state in which you file may have a borrowing statute. This type of statute usually prevents forum shopping by requiring the out-of-state plaintiff to file his case in the forum state within the statute of limitations permitted by his home state. If the home state's limitations period is longer than the forum's limitations period, then the forum limitation period applies. In essence, the plaintiff's claim must be timely under both the home and forum limitations period. However, it is not enough solely to look at the statute of limitations of the home and forum states as there may be tolling statutes or provisions that apply to the case.
Unless the attorney researches what is usually a complicated issue, he will not be aware at the outset of the case as to what the plaintiff's home state limitations period is. It is not enough to look up the time in which to file a negligence case, often found in tables covering the 50 states, as many states now have enacted special product liability acts that limit such cases when sounding in strict liability in tort or warranty. In order to see if your client's case is timely, you would also have to research the applicable tolling rules, such as absence from the state or date of discovery of the injury rules, all of which may toll the applicable limitations period. Additionally, some states have consumer fraud statutes permitting causes of action for personal injury and those may have yet another limitations period.
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.