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Med Mal News
Legislation Remains in Senate
Republican Senator Bill Frist of Tennessee has vowed to continue pushing federal legislation aimed at limiting medical malpractice pain-and-suffering damages against obstetricians and emergency-room personnel. But, in the third vote in the past year on such a bill, the measure failed to gain the 60 votes needed to overcome the threat of a Democrat-led filibuster. The White House is in favor of the reforms, but Democrats argue that Republicans are merely pandering to their constituents, the medical and insurance lobbies. The Foundation for Taxpayer and Consumer Rights, which opposes the proposed reforms, has made a complaint to the Senate Ethics Committee charging Senator Frist with promoting his and his family's own financial interests. Senator Frist is a heart surgeon, and his family founded the H.C.A. Hospital chain and its malpractice insurer, Health Care Indemnity.
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.