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How often do we hear that “everybody sues” in the United States, and that there are “jackpot juries” handing out huge sums of money to undeserving plaintiffs? Is the media to blame for these skewed beliefs or is the media accurate in its portrayal of the tort system? The answer is “yes” to the former and “no” to the latter. The bottom line is this: While the media creates the impression of an out-of-control tort system, this is out of alignment with actual jury behavior. Jury members, in fact, are harder on their own friends and neighbors than are other decision-makers.
Motivations
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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.
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.