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Practice Tip: Proper Treatment for Treating Physicians' Depositions
In many product liability cases, as well as other tort actions, deposition testimony of treating physicians raises several issues. Are treating physicians experts or fact witnesses?
FRCP 26 contemplates two types of experts; FRCP 26(a)(2)(A) requires that a party disclose the identity of any person who is going to testify as an expert at trial. The Advisory Committee Notes to the 1993 amendments of FRCP 26 provide that “the term 'expert' refers to those persons that will testify under Rule 702 of the Federal Rules of Evidence with respect to scientific, technical, and other specialized matters.” FRCP 26(a)(2)(B) requires that any expert “retained or specially employed” must submit a written report for the adversary that contains all opinions to be expressed and the basis and reasons therefor.
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.
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.
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.