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Winning on the Road
Many in-house counsel and outside lawyers have experienced something like the following: After navigating your client's defense-side civil case through months or years of contentious discovery, the plaintiff survives summary judgment. Nevertheless, you and your client remain confident that the law and the facts are on your side. There's one big problem, though. Your client faces a jury trial in an unfamiliar jurisdiction, where a jury might be inclined to side with the plaintiff's David over your client's Goliath, and as the old adage goes, “The only certainty with a jury is uncertainty.
Facing the prospect of a trial in a supposedly unfavorable venue, many defendants will agree to settle to avoid an unknown but potentially expensive and reputation-harming verdict. We think there's a better way. We recently tried a defense case in the United States District Court for the Eastern District of Texas and won a conclusive no-liability, zero-damages jury verdict for an out-of-state corporate defendant sued by a local plaintiff. See Flexuspine, Inc. v. Globus Medical. Here are a few of the strategies we found helpful in that win — many of which we learned from our firm's experience as a plaintiff in the same venue.
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.