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Up Against a Chinese Drywall
Homeowners from 42 states, the District of Columbia, American Samoa, and Puerto Rico have reported concerns about drywall imported from China and installed in their homes. These homeowners believe that health symptoms and the corrosion of metal components in their homes are related to Chinese drywall. The reports began to arrive in force in 2009 and have triggered the largest consumer product investigation in the history of the federal Consumer Product Safety Commission (“CPSC”).
Drywall, also known as wallboard or plasterboard, is an essential element in residential construction. Home builders in the United States historically used domestically produced drywall, composed primarily from gypsum, a mineral. However, the housing boom of 2004-2006, and the scramble for materials that followed the 2004-2005 hurricanes, led suppliers to import vast amounts of drywall from China to keep up with demand. According to the CPSC, more than 550 million pounds of drywall and associated building materials were imported from China to the United States between 2006-2007. According to the investigations, use of Chinese drywall was widespread, but the vast majority of the product was used in Florida, Louisiana and Virginia.
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.