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Case Notes
FL Tobacco Claims
On April 6, Florida's Supreme Court announced in R.J. Reynolds v. Marotta, 2017 Fla. LEXIS 744, that a lawsuit against R.J. Reynolds Tobacco Co. may go forward, rejecting the cigarette manufacturer's argument that federal preemption foreclosed the right of an injured smoker and his representatives to bring state-law tort claims against it for marketing cigarettes. The case is significant because in its 2006 decision in Engle v. Liggett Group, Inc. (Engle III), 945 So. 2d 1246 (Fla. 2006), Florida's Supreme Court had decertified a statewide class that had already litigated their case against a number of cigarette manufacturers. However, the court allowed the class members to bring suit individually, giving them several procedural advantages in the process, including the right to have treated as res judicata many findings of fault against the cigarette manufacturers. The outcomes of these individual plaintiffs' claims impact others still to come — and when it comes to these so-called “Engle progeny” cases, there are thousands still to come.
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.