Features
Post-Embezzlement Asset Recovery Procedure
How companies can effectively deal with employee embezzlement in order to optimize asset recovery.
Features
Boomers in the Dock
Some baby boomers have come of age on the wrong side of the law, and the older prison population is burgeoning. Fortunately, <i>Booker</i> and its progeny have superseded the Sentencing Guidelines' strict limitations on leniency based on age and health.
The Selective-Waiver Doctrine: Is It Still Alive?
In the past few years, attorneys and commentators had sought to establish the selective-waiver doctrine by proposing changes to the Federal Rules of Evidence. This in-depth analysis explains why.
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Case Notes
Recent rulings of interest to you and your practice.
Punitive Damages and Discovery of a Defendant's Financial Condition
Allegations of punitive damages can cast a heavy shadow on any litigation, and defendants in product liabilty cases are no strangers to tremendous punitive awards. That said, it is not difficult to understand why most defendants, at least early on, do not want to think about the potential for ' or size of ' a punitive damages award. Here's why.
Federal Preemption of Failure to Warn Claims Against Generic Drug Companies
Three recent district court decisions ' from Minnesota, California and Florida ' have created a division in the federal courts on whether product liability claims against generic pharmaceutical manufacturers are preempted by federal law. An in-depth discussion.
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A Multidistrict Litigation Primer
Part One of this article discussed the basics of multidistrict litigation. The conclusion herein describes the Judicial panel on Multidistrict Litigation (JPML).
Practice Tip: Internet Market Promotion of FDA-Regulated Products and Product Liability
This article focuses on product liability issues, although companies must also consider FDA and state regulatory laws, False Claims Act, competitor complaints and individual liability issues, before initiating Internet promotional programs.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Current Issues In Enforcing Judgments Against LLCsWhen a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
