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Case Notes
MA Federal Court Holds Contractual Privity Required for Breach of Warranty Claims
In First Choice Armor & Equipment, Inc. v. Toyobo America, Inc., 2012 WL 834123 (D. Mass. Feb. 17, 2012), the plaintiff body armor manufacturer purchased from a third-party weaving company ballistic fabric, intended for use in bullet-proof vests, which the company had made from woven Zylon fabric manufactured by the defendants. Following two incidents in which police officers were killed or injured when bullets penetrated their Zylon body armor, the National Institute of Justice (NIJ) conducted a multi-year investigation and concluded that Zylon vests degrade at an unacceptable rate from exposure to light, heat and moisture. The NIJ revoked safety compliance certificates for such body armor and prohibited its future sale in the United States.
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.