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Case Notes
MA Federal Court Holds 'Economic Loss Doctrine' Does Not Bar Claim for Breach of Implied Warranty
In Sharp v. Hylas Yachts, Inc., 2013 WL 4517181 (D. Mass. Aug. 26, 2013), the owner of a luxury yacht sued its manufacturer after the yacht broke down on multiple occasions, requiring significant expense to perform repairs and design modifications to fix the alleged defects. The lawsuit, brought in the United States District Court for the District of Massachusetts, asserted claims for negligence, breach of express and implied warranties, breach of contract and violation of Mass. Gen. L. ch. 93A (the Massachusetts unfair and deceptive practices statute) and sought damages for loss of use, costs of repair and other additional expenses. The suit did not allege any personal injury or damage to property other than the yacht itself.
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.