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Fighting Back: Is Insurance Funding Doctors' Countersuits the Answer to Med Mal Crisis?
Increasingly alarmed by the real and imagined inequities of the medical malpractice system, physicians across the country have been looking everywhere for relief. They have lobbied for law reform at both state and federal levels, they have rallied and protested, and some have even gone “on strike.” While their efforts have achieved some success ' notably in states that have enacted severe damage caps, such as California and Indiana ' malpractice insurance premiums have continued to rise, prompting repeated announcements that the medical profession is facing an economic crisis.
At least in the short term, no comprehensive remedy is in sight. President Bush's proposal for federal legislation to limit noneconomic damages has foundered in the Senate, stalled by a coalition of Democrats and Republicans who are skeptical of the bill's virtues and disinclined to impose federal law in an area that has traditionally been handled by the states. And even if a national damage cap were enacted, it would do nothing to eliminate the so-called frivolous cases that doctors complain about most bitterly.
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.