The new year came with high expectations and optimism around the world. We share in this spirit and, despite the continuing economic uncertainty, we look forward to 2009 and the challenges it will bring. Although change is in the air, and there can be no certainty on what lies ahead, we expect that at least a few things will stay the same in U.S. courts: civil discovery burden, innovation by the plaintiff’s bar to bring ever more lawsuits, and the prosecution of corporate fraud. As always, Kelley Drye welcomes any comments, questions or suggestions on ways we can make this publication more useful. Please do not hesitate to contact us. And, of course, best wishes for 2009.
- January 26, 2009
Practical Tips For Handling Electronic Discovery in U.S. Civil Litigation
Almost all business information is created, exchanged and stored electronically. E-mail, text messages and other forms of electronic communication have largely replaced letters and telephone conversations.
Nicholas J. Panarella, Wook Kim - January 25, 2009
Alien Tort Claims Act: A Once Dormant Statute Resurrects With Implications and Potential Liability for Corporations
In recent years, companies doing business in countries where human rights or environmental violations have occurred have found themselves dragged into U.S. courts as defendants in lawsuits brought by foreign plaintiffs to account for violations – often committed by others, including foreign governments.
Michael C. Lynch, Lystra Batchoo - January 24, 2009
DOJ Antitrust Division Answers Questions Under Leniency Program
It would be hard to argue with the success of the revised Leniency Program that the Department of Justice Antitrust Division ("Division") introduced 15 years ago now. The program (sometimes referred to as the Amnesty Program) has brought in record fines from corporate defendants, an increasing number and length of jail terms for individuals, and free passes for those fortunate enough to qualify.
Richard E. Donovan - January 15, 2009
Overview: The Obama Administration and the 111th Congress
To help you navigate how your business practices may be affected under the Obama Administration and the 111th Congress, Kelley Drye’s Government Relations & Public Policy Practice has prepared the attached "Overview of the Obama Administration and the 111th Congress." - January 12, 2009
Committee on Foreign Investment in the United States: An Overview
The Committee on Foreign Investment in the United States ("CFIUS"), an interagency body chaired by the Treasury Dept. which vets certain transactions for their potential effects on U.S. national security, has instituted several reforms over the past two years, so substantially more transactions are now being reviewed, subject to mitigation agreements where deals must be restructured, and more are proceeding to a secondary investigative phase by CFIUS.
Robert J. Aamoth, Joan M. Griffin - January 10, 2009
Fishing is the Law of the Land
National Fisherman published an article, "Fishing is the Law of the Land," written by partner David E. Frulla and associate Shaun M. Gehan.
David E. Frulla, Shaun M. Gehan - January 9, 2009
Follow Up: Corporate Monitors
As a follow-up to the article on corporate criminal liability published in GLOBALitigation USA: V1, No. 3, the United States Court of Appeals for the Second Circuit has just decided United States v. Ionia Management S.A., 07-5801-CR (1/20/09).
Alan R. Kaufman
