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The Settlement Privilege and the Threat of Legal Action
Editor's Note: The Federal Rules of Evidence (FED. R. EVID. 408) and similar state rules prohibit the introduction into evidence of statements or acts made during compromise negotiations if they are offered to prove the validity or value of a claim. This so-called “settlement privilege” is meant to encourage the parties to negotiate and settle, where possible. But, as the authors pointed out in Part One of this article, there may be a fine line between a settlement offer and an attempt at extortion ' “Pay what I ask or I will sue (and commercially disparage your company).” Here, they describe how two courts came to opposite conclusions about the settlement privilege, and discuss the advisability of enacting an exception to that privilege when an offer rises to the level of an extortionate threat.
Sanders v. Madison Square Garden
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.