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War College Curriculum for Defense Counsel
It is a rare product liability defendant who believes that the plaintiff has a meritorious claim. In truth, defectively designed products have been sold, and inadequate product warnings have been given. That said, cases that an objective observer would describe as frivolous are filed regularly. If your company or client is the target of such a claim, there is a growing body of law that offers effective offensive strategies.
When weighing and evaluating those strategies, defense counsel should put on their (real) “General” hats, and view the terrain from the military perspective. The client is under attack. What strategies could be employed? Law school curricula do not offer a course on product liability counter-attacks against meritless and bogus litigation. If law schools did consider such a specialty program, they should take a page from War Colleges.
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.