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Looking to Expand Into Mass Torts?
The wild world of mass torts can be irresistibly enticing to plaintiffs' attorneys from small firms. With the promises of huge fees and the suggestion of a nominal amount of work on each case, mass torts seem too good to be true.
However, John Grisham's novel, “The Litigators,” tells the cautionary tale of plaintiffs' attorneys who unwittingly follow the siren's song of mass torts only to shipwreck on the rocky island of sanctions, malpractice suits and financial ruin. In “The Litigators,” the “boutique firm” of Finley & Figg deviates from its meat-and-potatoes personal injury (PI) practice to pursue a bad drug claim against one of Big Pharma's most powerful companies. The story winds through creation of multidistrict litigation (MDL), deceptive negotiations by the pharmaceutical company and shifting allegiances of the mass tort firms that purport to be on the plaintiffs' side. Attorney David Zinc goes with the partners at Finley & Figg on their journey up the river of mass tort madness, which plays out like a litigation version of “The Heart of Darkness.”
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.