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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.
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In-depth analysis of important verdicts.
Recent national rulings of interest to you and your practice.
Features
In the wake of the demise of Arthur Andersen following the partnerships' indictment by the federal government, prosecutors are increasingly pressuring corporations to enter into deferred-prosecution agreements (DPAs) to avoid ' at least temporarily ' full-blown criminal prosecutions. While these agreements may seem to offer an attractive option to embattled companies faced with the prospect of a lengthy and potentially devastating criminal prosecution, the freedom with which the individual prosecutors operate when crafting the agreements should cause concern.
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<i>' ' [A]lthough nothing is off the table when you voluntarily disclose, I can tell you in unequivocal terms that you will get a real benefit ' '</i> Despite these heartening words by Assistant U.S. Attorney General Alice S. Fisher at a recent conference on the Foreign Corrupt Practices Act (FCPA), an attorney representing a corporation cannot recommend voluntary disclosure of potentially criminal FCPA activities without weighing the promise of a 'real benefit' against the very real risks.