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Most U.S.-based companies have fairly sophisticated environmental, health and safety ('EHS') programs that are designed to ensure compliance with applicable EHS rules and regulations. The reasons for such programs are obvious: EHS compliance represents the floor for most, if not all companies, and non-compliant companies are likely to experience adverse financial, environmental, health and safety impacts as a result of non-compliance.
The U.S. Supreme Court is currently considering a case of great importance to employers, Ledbetter v. Goodyear Tire & Rubber Co., Inc. It will decide when the statute of limitations begins to run under Title VII of the Civil Rights Act of 1964 (as amended) ('Title VII') for certain types of disparate pay claims.
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With the amendments to the Federal Rules of Civil Procedure (FRCP), precedent-setting adverse sanctions against some of the largest corporations and growing regulatory requirements, the need to become 'litigation ready' has been like a large snowball, gaining mass and momentum. The indisputable need to become litigation ready has arrived, and the snowball continues to get bigger and faster as it heads down the mountain. With the FRCP amendments, Dec. 1 has come and gone and guess what? Nothing has exploded.
On Dec. 12, 2006 the U.S. Justice Department issued new guidance that will require federal prosecutors to seek approval from senior DOJ officials before requesting a waiver of attorney-client privilege and work product protection in corporate criminal investigations. The new guidance supersedes the existing language on waiver in the 'Thompson memo,' issued by then-Deputy Attorney General Larry D. Thompson in January 2003.
Highlights of the latest product liability cases from around the country.
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The first part of this article discussed dioxin litigation and the use of environmental and blood data, and the design and results of the University of Michigan study. The conclusion addresses how to use the study.
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'You can't be shining lights at the Bar because you are too kind. You can never be corporation lawyers because you are not cold-blooded. You have not a high grade of intellect. I doubt you could ever make a living.' Clarence Darrow to women lawyers. Morello, Bar Admission Was Rough for 19th Century Women, 189 N.Y.L.J. 19 (1983).
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From the moment a manufacturer decides to undertake a new venture, it creates a staggering number of documents. These documents run the gamut from new product designs to market studies to safety test results. Even small-scale manufacturers may generate enough documents to fill a small warehouse, thus begging the question: Are we required by law to keep all these documents?
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It would be unheard of if a student were to be told that he or she was required to master a course of study without having the ability to voice any questions along the way. In fact, from Socrates' time to the present, teachers at all levels typically encourage interactive learning. Until recently, however, the process through which a jury arrives at the facts of a given case is a fairly passive process — with the exception of the deliberative process at the close of the case.
