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General Personal Jurisdiction in Aviation Cases After <i>Daimler</i>
In its 2014 landmark decision Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the U.S. Supreme Court held that a corporation is only subject to general jurisdiction when it has such constant and pervasive affiliations with the state where the suit is brought that it can be deemed “at home” in that state. The Supreme Court held that a corporation's “paradigm” homes are its place of incorporation and principal place of business and noted that “in an exceptional case” a corporation's operations elsewhere “may be so substantial and of such a nature as to render the corporation at home in that State.” Id. at 760-61 & n.19.
Daimler has had a profound effect on aviation cases because they usually involve multi-jurisdictional contacts. Aviation accidents often occur in fortuitous locations and involve plaintiffs and defendants from different states or nations. A typical case may involve a crash in one jurisdiction, a pilot from a second, passengers from a third, an aircraft maintenance outfit from a fourth and an aircraft manufacturer from a fifth. Even before Daimler, it was frequently impossible to join all defendants in one action, but post- Daimler aviation cases invariably require plaintiffs to file multiple “protective actions” to guard against jurisdictional dismissals.
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.
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.
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.