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General Personal Jurisdiction: Daimler AG v. Bauman
Every first-year student of civil procedure learns that a company must submit to general personal jurisdiction ' all-purpose jurisdiction over any and all disputes ' in a forum where the company conducts “continuous and systematic” business activities. See International Shoe Co. v. Washington, 326 U.S. 310, 317 (1945). This standard is easy enough to recite, but explaining it and applying it in a coherent manner has long been a more difficult task. Happily, with its recent decision in Daimler AG v. Bauman, the Supreme Court has now brought at least some measure of clarity and predictability to the notoriously vague standards governing general jurisdiction. This article provides an overview of the Court's general-jurisdiction doctrine, discusses the recent decision in Bauman, and assesses the likely impact of the decision going forward.
The State of the Doctrine Before Bauman
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.