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Food Labeling Claims: Differing Approaches
Courts across the country are deciding almost on a daily basis whether and on what basis to certify class actions involving food and beverage products. A recent decision by the federal court for the Eastern District of New York provides an interesting analysis of the various elements of class certification as applied to food or beverage cases, and re-emphasizes the difference in approach by the federal circuits.
Because of this and other cases, we anticipate that courts will continue to dismiss putative class actions targeting the food and other industries where consumers do not typically retain receipts and may have no other objective method to establish that they purchased the at-issue product. See, e.g., Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). Also, given what some see as a momentum shift with regard to labeling claims (in favor of the defense), we believe there will be continued attempts by the plaintiffs' bar to create new and novel approaches to save their claims.
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.