Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Case Notes
MA Appeals Court Affirms Summary Judgment for Gun Manufacturer
In Ryan v. Hughes-Ortiz, 81 Mass. App. Ct. 90 (Jan. 6, 2012), the decedent, a convicted felon, was killed by an accidental, self-inflicted gunshot wound he sustained while trying to return a gun he had stolen to its owner's previous hiding place. The plaintiff, the administratrix of the decedent's estate, sued the gun owner and its manufacturer in Massachusetts Superior Court, asserting claims of negligence and wrongful death against both the owner and manufacturer, as well as breach of the implied warranty of merchantability (the Massachusetts near-equivalent of strict liability) and violation of Mass. Gen. L. ch. 93A (the Massachusetts unfair and deceptive practices statute) against the manufacturer alone. The plaintiff's claims against the manufacturer alleged that the gun and gun case were defectively designed because the case caused the loaded gun to discharge through the case and the gun itself was likely to discharge unintentionally. The trial court granted summary judgment for both defendants, and the plaintiff appealed to the Massachusetts Appeals Court.
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.
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.
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.