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Class-Action Limitation Bill Fails on Senate Floor
On a procedural vote on July 8, the U.S. Senate declined to move forward a bill that would have limited the use of class-action lawsuits. Although the Class Action Fairness Act reportedly had the support of at least the 60 Senators needed to take up the bill, efforts by some to attach unrelated provisions to it led to its doom.
The Class Action Fairness Act would have authorized federal courts to hear such suits if they involved more than 100 plaintiffs and more than $5 million in damages, and only those suits in which the plaintiffs and companies were from different states. Under the terms of the bill, attorney fees would be greatly reduced in cases in which plaintiffs receive coupons redeemable for merchandise in a settlement of their claims because those fees would be based on the coupons actually redeemed, not those authorized or issued.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.