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In the Courts
Supreme Court Limits the Ability of Victims of Extraterritorial Rights Violations to Sue in Federal Courts
On April 17, 2013, the United States Supreme Court unanimously affirmed the decision of the Second Circuit in Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2nd Cir. 2010). Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013). The Court held that the presumption against the extraterritorial application of U.S. law applies to claims under the Alien Tort Statute (ATS), and that nothing in the text, history, or purposes of the statute rebuts that presumption. Id. at 1659. The ATS allows aliens to bring tort actions for violations of customary international law including war crimes and crimes against humanity.
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.