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Why CA's Anti-SLAPP Statute Should Apply to Peer Review
California law protects defendants from lawsuits designed to thwart “a person's right of petition or free speech under the United States or California Constitution in connection with a public issue.” The “anti-SLAPP” (Strategic Lawsuit Against Public Participation) statute provides this protection by permitting the defendant to move to strike the plaintiff's complaint at the outset of litigation unless the plaintiff can demonstrate a likelihood of success on the merits of the claim. (Cal. Code Civ. Proc., ' 425.16, subd. (e)).
The model SLAPP suit is one “'filed by a large land developer against environmental activists or a neighborhood association intended to chill the defendants' continued political or legal opposition to the developers' plans.'” Briggs v. Eden Council for Hope & Opportunity (1999) 19 Cal.4th 1106, 1125, citing Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 815, overruled on other grounds in Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53. Section 425.16, however, has been applied to dismiss complaints in a wide range of other contexts. See, eg, Briggs, supra, 19 Cal.4th 1106 (residential rental property owners' suit against nonprofit tenants' rights corporation); Colt v. Freedom Communications, Inc. (2003) 109 Cal.App.4th 1551 (public figures' suit against newspaper); Dove Audio Inc. v. Rosenfeld, Meyer & Susman (1996) 47 Cal.App.4th 777 (record publisher's suit against law firm); Averill v. Superior Court (1996) 42 Cal.App.4th 1170, 1175 (home buyer's suit against seller). Since enactment of the anti-SLAPP statute, the question has arisen: What are the effects of the anti-SLAPP statute on peer review boards and their members when a disgruntled physician seeks to recover for injuries he feels the board's activities have caused him?
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.