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Class Certification Now an 'Olympic High Hurdle Event' in the Third Circuit
In a recent opinion issued by Chief Judge Scirica (not Chief Judge Sirica; the “Watergate” judge died in 1992), the Third U.S. Circuit Court of Appeals has clarified the hurdle height to “jump over” in order to obtain class action certification. In so doing, the Third Circuit has both “ratified” and, at the same time, “put greater bite into” the trend of imposing a stricter standard for certification. In short, the court re-affirmed that the rules for certification are not based on mere pleadings, but require an actual, careful determination. In Re Hydrogen Peroxide Antitrust Litigation, 552 F. 3d 305 (3d Cir. 2008).
The Ruling
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.
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.
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.