People v. ConAgra Grocery Products Company/Atlantic Richfield Company Documents 2-19-15

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Deborah J. La Fetra

Senior Attorney

Debbie grew up in an economically-striving lower-middle class family and was the first to get a college degree. Watching and learning from her exceptionally hard-working father, and with the support … ›

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By Deborah J. La Fetra

Lead paint, public nuisance, and the First Amendment

Prior to 1951, lead paint was lawfully sold and used in the interior of houses. This presented no problem at the time, but, as it ages and deteriorates, and as … ›

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President's weekly report — February 27, 2015

Overcriminalization and the fishy abuse of Sarbanes-Oxley

The United States Supreme Court issued a good decision in Yates v United States, in favor of fisherman John Yates  As described in our blog,  because Yates threw some undersized fish overboard after an inspection, Yates was charged with violating the Sarbanes-Oxley Act, a post-Enron statute that prohibits the destruction of items like computer files and financial data  Yates was subject to 20 years in prison for throwing the fish overboard  PLF filed an amicus brief on behalf of Mr Yates suggesting that Sarbanes-Oxley does not encompass fishing violations and that overcharging defendants with extraordinary crimes

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PLF files amicus brief in California lead paint case

A few weeks ago, I blogged about California’s current effort to have millions of homes and businesses in California declared “public nuisances” because they contain lead paint The law of public nuisance is very vague: it’s defined as “an unreasonable interference with a right common to the general public,” terms that are not well understood by any lawyer, judge, or law professor in the country The state prevailed in the trial court against several manufacturers and distributors of lead paint: the court declared lead paint a public nuisance and ordered the companies to pay over $1 billion to fund an abatement program administered by government agencies Worse, the court

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