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In the Courts
Utility Company Convicted for Regulatory Violations Based on Corporate Collective Knowledge
On Aug. 9, 2016, Pacific Gas & Electric Co. (PG&E), a California corporation that provides natural gas and electric services, was convicted of five counts of violating the federal Pipeline Safety Act (PSA), along with one count of obstructing an investigation by the National Transportation Safety Board (NTSB), in connection with a high-profile 2010 pipe explosion near San Francisco. United States v. Pac. Gas & Elec. Co., 2016 BL 240175, No. 3:14-cr-00175 (N.D. Cal., Aug. 9, 2016) (Jury Verdict) (PG&E). The conviction is significant because the government relied on a “collective knowledge” theory to pursue corporate criminal liability for “willful” violations of federal regulations, without establishing the “guilty mind” of any particular employee.
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.