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Case Notes
MA Court Holds Plaintiffs in Class Actions Arising Out of Lead in Fruit Products Lacked Standing
In In re Fruit Juice Products Marketing and Sales Practices Litigation, C.A. No. 11-MD-02231-MAP (D. Mass. Dec. 21, 2011), the Environmental Law Foundation (ELF), a non-profit organization, sent notices to numerous manufacturers of juice and packaged fruit products, including the defendants, alleging their products contained amounts of lead greater than the permissible daily intake level set by the California Safe Drinking Water and Toxic Enforcement Act of 1986. The notice prompted the FDA to check the lead levels of some of the products and conclude that “[a]lmost all of the products ' contained a small amount of lead, but in each case the level found would not pose an unacceptable health risk.” Notwithstanding the FDA's conclusion, various individual plaintiffs brought suits in multiple federal district courts against various defendants.
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.