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The Growing World of Nanotechnology
Over the last several years, there have been substantial advances in the field of nanotechnology. Although research and development continues, nanotechnology is now being used in over 1000 consumer products ' from sunscreens and cosmetics to clothing, sporting equipment, and electronics. Moreover, scientists believe that these current uses have merely scratched the proverbial surface of potential applications, which they predict will increase exponentially over the next decade.
Critics of nanotechnology, however, complain that the science has progressed too far and too fast, and that there are too few studies concerning the safety of nanotechnology for human health and the environment. Critics also complain of the absence of legal guidelines governing the manufacture, transportation, use, and disposal of nanoparticles.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."