Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Causes of Action for Loss of Cryopreserved Embryos
There has been much discussion of the ethics and liability issues created by recent advances in reproductive science. While fertility treatments allow couples that might otherwise not be able to conceive or carry a baby to term create much-wanted families, fertility clinics and the health care professionals working in them are dealing with a highly emotional issue. When patients don't get the results they wanted — particularly when mistakes are made — the chances of being sued run high.
One aspect of assisted fertility that has caused considerable debate of late concerns the consequences for mishandling eggs and fertilized embryos. Is the embryo a “person,” in the sense that its destruction can be termed a wrongful death, or is it something less? If the embryo is not a person, what other causes of action will lie when a fertilized egg is lost or destroyed? Several jurisdictions have grappled with the issue and have come to different conclusions. One case, Jeter v. Mayo Clinic Arizona, 2005 Ariz. App. LEXIS 153 (10/27/05), recently dealt with these questions and found that an unimplanted fertilized embryo, while not a person, was indeed an object whose lose could be redressed through the courts.
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.