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'Tort Hellhole' Moves to Curtail Access
Mississippi plaintiffs' lawyers, battered by a 2-year fight with medical and business lobbyists, are seeking ways to undermine new laws that limit civil litigants' access and recoveries in the state that has been dubbed a 'tort hellhole.' Meanwhile, the tort reform juggernaut is rumbling into other states.
'We expect this to be, legislatively, the busiest year since '95,' said Michael Hotra, who handles legislative efforts for the American Tort Reform Association (ATRA) in Washington, D.C. It was his group that put Mississippi on a list of 10 'tort hellholes.' Others included jurisdictions in California, Texas, Illinois and Missouri. Hotra expects Missouri, Georgia and South Carolina to consider packages to reduce venues, strengthen proof standards and restrict civil damages. Ohio has limited medical malpractice awards to $1 million for pain and suffering. Additional action is expected there. Similar steps are expected in Florida, Nevada, Pennsylvania, and in West Virginia, where doctors on Jan. 13 marched on the state capital, blaming lawsuits for increases in malpractice insurance costs. Under pressure from the doctors, Gov. Bob Wise proposed damage caps. Texas is expected to study curtailing tactics to collect asbestos damages from the users of the product instead of the bankrupt manufacturers. Several legislatures will consider curbs on medical monitoring for future damages. Even the presidency has become involved: President George W. Bush, on Jan. 14 and again in his Jan. 28 State of the Union address, urged Congress to cap damages in medical malpractice suits.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.