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Plaintiffs Bar Not Happy with J&J's Shift of Liability to Victim Fund
A bankruptcy filing allows Johnson & Johnson to shift legal liability over its talc-based baby powder into a potential $2 billion compensation program for cancer victims, but not without a big fight from the plaintiffs bar.
A petition filed Oct. 14 in U.S. Bankruptcy Court in North Carolina's Western District says Johnson & Johnson has spent $1 billion defending its baby powder in court, while juries across the country have returned unpredictable verdicts. As predicted, Johnson & Johnson used a "Texas Two-Step" merger to create a new subsidiary, LTL Management LLC, whose chief legal officer, John Kim, most recently was assistant general counsel of Johnson & Johnson.
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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.
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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.