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Embrace Settlement Negotiations '
It is the long (and almost uni-versally)-held belief among lawyers that settlement negotiations are confidential and cloaked with evidential immunity at a later judicial proceeding. Is this really true? Is the non-admissibility of conversations that occur during settlement negotiations actually that immutable? The answer is, No. There are quite often incidents and situations in which parts or all of settlement negotiations are, in fact, admissible. The following describes a few of those instances and provides a warning to attorneys: Be careful what you say; it may be admissible against your client.
By way of example, in New Jersey, the Rule of Evidence regarding settlement offers and negotiations is Rule 408 (based, in large part, on the Federal Rule of Evidence ' also 408 ' from which it was taken), which provides (in general terms) that settlement negotiations are inadmissible to prove, among other things, liability. Specifically, Rule 408 states as follows:
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.