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When Settlement Is the Best Option
For many product liability defense attorneys, the last time they considered the significance of basic psychological principles was their Psychology 101 course in college. Most lawyers, unfortunately, do not appreciate the importance of adapting and applying those basic psychological concepts to their day-to-day practices. For example, if defense lawyers took the time to study the behavioral patterns of their clients closely ' from the date of filing the lawsuit to its ultimate resolution ' they would find that in almost every instance their clients' reaction to a lawsuit, from beginning to end, follows a very specific and predictable pattern.
An analysis of these patterns reveals that they substantially mirror those explored in depth by Elisabeth Kbler-Ross in her landmark 1969 book, On Death and Dying. In that book, Ms. Kbler-Ross introduced the Five Stages of Grief. The five stages are known by the acronym DABDA ' Denial; Anger; Bargaining; Depression; and finally, Acceptance. The five stages describe the process by which individuals cope with grief and tragedy. Breaking the grieving process down into these stages provides an individual with the framework to understand his or her mental state, and eventually emerge from the process with at least a bit of self-awareness.
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.