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Practice Tip: Explosion and Fire Litigation
The singular approach to fire and explosion litigation described in this article is not for everyone. Advisory articles by experienced fire investigators and trial lawyers will offer different advice and approaches.
How can perfectly legitimate approaches be so varied? One reason is that the spectrum of challenges inherent in fire and explosion litigation can and should stimulate creative responses. One size does not fit all. The optimal response, however ' whether at the still-smoking scene or at post-fire artifact examinations ' is predicated on employing experts from at least three disciplines: 1) An expert on the product; 2) An expert in fire origin and cause; and 3) Expert counsel. Instead of trying to select team members based on sketchy information, the governing principle should be to start with a minimum of three people in these key disciplines.
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.