In This Issue:

- Tools of the Trade: BP Case Shows Advantage of Pretrial Motions

- Increased cGMP Enforcement has Gone International: South Korean Action Against Johnson & Johnson Serves as Warning

- DoD Seeks Enhanced Authority to Withhold Funds from Contractors

- Excerpt from Tools of the Trade: BP Case Shows Advantage of Pretrial Motions:

Defense counsel in white collar cases often face a seeming uphill battle against prosecutors, whistleblowers and other colleagues-turned-government-witnesses. When fighting the war of a criminal prosecution, counsel should strive to win the motion in limine battle. Motions in limine provide an opportunity before trial to limit the government’s ability to introduce irrelevant and unfairly prejudicial evidence. A successful motion also serves to focus the court on the essential elements of the crimes charged and no more. A well-timed strategic motion in limine may also generate positive momentum for the defense in advance of trial.

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