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As commerce between the U.S. and Canada becomes increasingly intertwined, the courts of the land haven't always kept pace. But a recent decision by one of Canada's highest courts is going to make it easier to enforce U.S. decisions that reach north across the border.
While United States v. Yemec (2010 ONCA 414, 2010 CarswellOnt 3839) was not an insolvency case per se, the precedent it set will be highly relevant to U.S. bankruptcy and insolvency lawyers due to myriad civil litigation that typically flows from large cross-border insolvencies for years to come.
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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.
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.
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.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.