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Case Notes
Exception to PA's One-Disease Rule
In Abrams v. Pneumo Abex Corp., 17 EAP 2009 (Oct. 21, 2009), the Pennsylvania Supreme Court's long-awaited decision creates a significant exception to the “one-disease” rule for plaintiffs who sued for non-malignant asbestos-related injuries prior to 1992 and recovered damages both for the non-malignancies and for the increased risk and fear of future cancer. Under Abrams, plaintiffs who recovered for asbestos claims under the one-disease rule can now file a second claim if they are later diagnosed with cancer, as long as the defendants in the new suit were not a party to the pre-1992 suit.
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.