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Subsequent Remedial Measures

Law School Toolbox

Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)

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Welcome back to the Law School Toolbox podcast! In today's episode from our "Listen and Learn" series, we're talking about evidence that the court may exclude for various public policy reasons under the Federal Rules of...more

Baker Donelson

At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care

Baker Donelson on

In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more

Jones Day

Government Agencies Increasingly Using Alternatives to Formal Suspension and Debarment

Jones Day on

The Situation: The Interagency Suspension and Debarment Committee ("ISDC") recently issued its annual report on government suspension and debarment activity to Congress for fiscal year 2018. The Result: The report shows a...more

A&O Shearman

Eastern District Of Pennsylvania Dismisses Putative Class Action Against Semiconductor Equipment Manufacturer For Failure To...

A&O Shearman on

On October 9, 2019, Judge C. Darnell Jones, II of the United States District Court for the Eastern District of Pennsylvania dismissed a putative securities class action asserting claims under the Securities Exchange Act of...more

Holland & Hart - Your Trial Message

Understand the Two-Edged Sword of Subsequent Remedial Measures

When an alleged hazard exists and causes a person to be injured, then maybe a business might think about fixing it. But would the fix amount to a confession and cause the business to own that prior liability? That’s the...more

BCLP

FCA Defendants and Counsel Beware: New DOJ Guidance on FCA Cooperation Credit May Leave Too Much to Prosecutors’ Discretion

BCLP on

In recent weeks, the United States Department of Justice (“DOJ”) published guidance in the Justice Manual at Section 4-4.112 on how it will award cooperation credit to entities and individuals that are being investigated for...more

Holland & Hart - Your Trial Message

Don’t Just Warn About Hindsight

Within the last week, I have conducted two mock trials on cases that are strongly susceptible to hindsight. In both defense cases, once you know the outcome, it is very easy to see past events or conditions as big red flags...more

Harris Beach Murtha PLLC

DOJ Issues Guidelines for Cooperation Credit Specifically as to False Claims Act Matters

The United States Department of Justice (DOJ) has issued new guidelines regarding cooperation and credit for self-disclosure specifically in False Claims Act matters. Such guidelines provide an overview of factors to be...more

Butler Snow LLP

Product Recall – Proof of Responsible Manufacturer Not Defect

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News of a product recall often motivates potential plaintiffs to a search for a lawyer. But the truth is a product recall is an act of responsibility and should not be used to penalize a manufacturer in court....more

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