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Med Mal News
Connecticut Lawmakers Hold Hearings on Malpractice Reform
In testimony before Connecticut's Legislative Program Review Committee on September 18, the state's insurance commissioner, Susan Cogswell, urged lawmakers to set a $250,000 cap on pain and suffering awards as a remedy for the state's medical malpractice insurance crisis. Also taking part in the 5-hour hearing were advocates for the medical profession, insurance industry, victims of medical malpractice and attorneys. The state's largest medical malpractice insurer, Connecticut Medical Insurance Co., was represented by its CEO, Denise Funk, who testified that a $250,000 cap on non-economic damages would allow the company to immediately lower premiums by 10%.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."