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<i>Voir Dire</i> of Expert Witnesses
The use of expert testimony is essential in almost all medical malpractice cases. In order to survive summary judgment or directed verdict, the plaintiff must usually submit expert testimony relating to the proper standard of care as well as causation. In most states, in the absence of res ipsa loquitur, the proper medical standard of care must be established by an expert from the medical community and not by a lay witness. Because of the complexity of most medical practice cases, it is often impossible for the fact finders to intelligently evaluate the facts without the application of expert knowledge.
In a jury trial, the jury will customarily compare opposing experts to make an initial determination as to which expert to believe and how much weight to assign to the testimony of each. One of the primary ways in which jurors decide which expert to believe is a comparison of qualifications.
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 ...."