Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Practice Tip: The Scope of Daubert in Product Liability Class Actions
A court's decision to certify a class often constitutes the end of the litigation because of the increased settlement pressure faced by defendants. Apparently recognizing that trend, federal courts have applied increasingly rigorous standards of proof at the class certification stage. The Supreme Court has granted certiorari in Comcast Corp. v. Behrend on the following question: “Whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the class is susceptible to awarding damages on a class-wide basis?”
There, the petitioners are arguing that the plaintiffs' expert's damages model does not have the requisite Daubert “fit” with the plaintiffs' theory of antitrust impact. Nevertheless, the case may answer whether a district court must engage in a full Daubert inquiry before utilizing an expert's testimony at the class certification stage under Federal Rule of Civil Procedure 23. Accordingly, the decision could have far-reaching implications for all class actions.
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
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.