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Counsel Concerns: Low Sanctions Are Upheld in Lawyer's Case Over Booking Discrimination Suit
After a lawsuit accusing high-flying Florida defense lawyer Willie Gary and his firm, Gary Williams Parenti Watson & Gary, of malpractice and racketeering was dismissed in 2016, one of the attorneys named in the suit sought more than $560,000 in sanctions against her accusers, who she said had smeared her with baseless accusations and online “rants.”
Judge Amy Totenberg of the U.S. District Court for the Northern District of Georgia agreed that some sanctions were in order on behalf of attorney Maria Sperando but only awarded $2,000, saying the half-million she wanted was “unduly harsh and unreasonable.”
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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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.