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22 Prac. Litig. 1 (2011)

handle is hein.ali/practlit0022 and id is 1 raw text is: The Practical Litigator volume 22 number 11 january 2011 The Questionable Prosecutor: A Primer On Remedies James Ching 9 In almost any legal context, zealous advocacy can be pushed too far. The consequences can be especially devastating in cases of prosecutorial misconduct, so it is essential to know how to address the problem. In this article, James Ching uses the example of several recent high-profile prosecutorial misconduct cases to demonstrate that remedies to the problem can be woefully inadequate if the defense does not anticipate that the problem can arise, have a good idea of how to uncover the misconduct if possible, how to make the Brady case, and a good understanding of the limitations of available remedies. Internal Investigations And Other Tools Michael E. Clark and David L. Douglass 13 Although good arguments can be made that government responses in light of Enron and other corporate scandals have had uneven results, there is every indication that aggressive enforcement actions will continue. In this article, Michael E. Clark and David L. Douglass discuss the history of enforcement through regulation, the evolution of the DOJ's principles of federal prosecution of business organizations (the Holder Memorandum, the Thompson Memorandum, and the McNulty Memorandum), the danger of collateral consequences of conviction such as suspension, debarment, and exclusion, internal investigations, conflicts of interest, the role of corporate counsel, disclosure, and minimizing the impact and maximizing the outcome. Maintaining Civility In Litigation Elizabeth S. Fenton and Sandra M. Di lorio 27 Despite the many names that have been applied to it - Rambo litigation, hardball tactics' stupid lawyer tricks - it all boils down to one thing: an absence of civility and a breakdown of professionalism. It can be hard to know what to do about it, so in this article Elizabeth S. Fenton and Sandra M. Di lorio discuss the law governing lawyer conduct, some tenets of everyday civility, civility in depositions, and provide a few insights on why civility should matter to every lawyer. Employee Workforce And Wage And Hour Issues Sheerin Siddique Rouf 33 In recent years, wage and hour actions have become more common and employers arefeelingthe pinch.The bestapproach is to avoid them, so the employer has to be careful to stay on the right side of the FLSA. In this article, Sheerin Siddique Rouf reviews the most important definitions, provisions, and concepts that the employer should know about: hours worked, overtime, schedule adjustments, compensatory time, waiting time and on-call, training time, travel time, breaks and meal periods, reasonable accommodation, breastfeeding in the workplace, and rules applicable to minors. The author also discusses best practices for employers to prevent lawsuits. The Integumentary System And Its Derivatives Samuel D. Hodge, Jr. 43 There is nothing rare about damage to the skin in personal injury actions, so it is a good idea to have some knowledge of this system. In this article, Samuel D. Hodge, Jr. explains the anatomy of the skin, its color, thickness, and layers, medical problems of the skin, including psoriasis, cancers, alopecia areta, lipomas, shingles, skin abcesses, feruncles, carbunclces, cellulitis, decubitus ulcers, hemangiomas, drug rashes, and more. 57 Very few companies that do business overseas expect to be sued in a U.S. federal courtforviolations of the law of nations under the Alien Tort Statute; nevertheless, the statute has been used to haul multinational corporation into U.S. courts for acts done by others where the corporation did business. Some relief seemed to have been offered by the Kiobel v. Royal Dutch Petroleum case, but how far does that potential relief go? In this article Michael C. Lynch and Lystra Batchoo review the essential of the Alien Tort Statute, the specifics of the Kiobel decision and its effects on corporate liability and individual liability, and potential new avenues of corporate liability. The Law Of The Litigator - The Definition Of Disability For Social Security Purposes Dahlia R. Robinson 5 To purchase the online version of this issue, go to www.ali-aba.org and click on Publications Back issues, individual articles, and forms are also available there. What Are The Implications Of Kiobel v. Royal Dutch Petroleum? Michael C. Lynch and Lystra Batchoo

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