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Although companies have long chalked up the costs of litigation as part of the “cost of doing business,” the current financial crises have placed added pressure on in-house counsel to reduce their budgets in all litigations, including product liability defense. In turn, in order to remain competitive, managers of defense law firms must find new ways to reduce client costs without sacrificing quality and profitability.
This article poses ten questions in-house corporate counsel should ask themselves when they are preparing to defend a case and are in the process of retaining outside counsel. Some of these questions have been built into “Outside Counsel Guidelines,” which a number of law departments have issued. The bottom line is: How do I maximize the bang for my litigation buck when I face a potentially costly product liability defense?
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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.
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.
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.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
This article explores legal developments over the past year that may impact compliance officer personal liability.