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Case Briefs
'Affirm and Sue' Trial Strategy Barred in CA
The 1994 Northridge, CA, earthquake caused damage to property owned by the Village Northridge Homeowners Association (“Village Northridge”). Village Northridge turned to its insurer, State Farm Fire and Casualty Company (“State Farm”), for coverage. In November 1999, although both parties disputed the policy limits and the amount of money owed, they negotiated a compromise settlement of the claim. Under the settlement, State Farm agreed to pay certain monies to Village Northridge, and Village Northridge released State Farm from all known or unknown claims related in any way to Village Northridge's earthquake claim.
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.