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State News
New Jersey Bar Protests Tort-Reform Fee on Attorney Licenses
Adding its voice to the rising debate on medical malpractice reform, the New Jersey State Bar Association May 13 adopted a resolution calling for the state legislature to rethink its proposed $50-per-year assessment on attorneys' licenses to help fund a state kitty that would pay up to $700,000 in non-economic damages to victims of medical malpractice. The resolution, drawn up by a group formed in January ' the New Jersey State Bar Association Task Force on Medical Malpractice ' was formulated in response to the New Jersey State Senate's 35-to-2 approval March 20 of a bill that would, among other things, place a $300,000 limit on physician liability for non-economic medical malpractice damages. As part of that legislation, the state would set up a fund ' called the Medical Malpractice Insurance Liability Excess Fund ' to pay up to an additional $700,000 in non-economic damages, should a jury award more than the $300,000 limit. The money to fund this program would come from a $50 assessment on each New Jersey attorney's license to practice, as well as from a $3 fee per employee, collected from the state's employers.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.