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The SAFET Y Act
Following the events of 9/11, commercial and governmental interest in anti-terror technologies (“ATT”) skyrocketed. Demand jumped for all types of goods and services that could help to protect valuable assets against terrorist attacks. However, the designers, producers, and users of such technology quickly recognized the potentially devastating liability they might face in the event that such technology failed.
A legislative solution to this problem followed ' the SAFETY Act (the “Act”). The fundamental intent of the Act is to encourage companies to design, develop, and deploy ATT to protect high-value terrorist targets owned by government or commercial entities, here in the U.S. and abroad. The Act achieves this by providing to the Department of Homeland Security (“DHS”) the authority to evaluate a technology's efficacy and utility, as well as the power to eliminate or reduce the threat of catastrophic liability should such companies be sued in tort in the United States following an act of terrorism involving their ATT. Providers and users of ATT run significant risks if they fail to understand and utilize this important risk mitigation tool.
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.