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Toyota Recalls Crisis Update
The BP Oil Spill and ensuing hearings shifted Congressional attention away from the Toyota Recalls and the draft legislation that would have imposed severe new regulatory requirements and potential penalties on automakers. That reprieve and then an election resulting in a lame-duck Congress stalled a last-ditch effort to enact a compromise bill before the new Congress assumed office and Republicans took control of House Committees and agendas.
Except for the severe penalties and some recall decision-making requirements contained in the proposed “Motor Vehicle Safety Act of 2010″ and outlined in a previous article about the Toyota recalls crisis, the reality is that the National Highway Traffic Safety Administration (NHTSA) is moving forward anyway within its existing rulemaking authority to adopt many of the requirements that were in the House and Senate bills. See “The Toyota Recall Crisis: More Than a Re-TREAD,” LJN's Product Liability Law and Strategy, Vol. 29, No. 2, August 2010.
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.