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Med Mal News
Actuaries Contend Report on Insurance Is Flawed
The Medical Malpractice subcommittee of the American Academy of Actuaries (AAA) called into question the validity of a report commissioned by the Center for Justice and Demo-cracy, and issued in July 2005, that blamed the bulk of any medical malpractice insurance crisis on the insurance industry. The report, “Falling Claims and Rising Premiums in the Medical Malpractice Insurance Industry,” was characterized in an AAA statement as “incomplete, actuarially unsound and misleading.” The group's statement noted that, “Historically, the subcommittee has not commented on individual medical liability studies,” but that its public response to the report, “is an exception because of the public attention [the report] has received, the apparent credibility ascribed to its conclusions and, in our view, the poor quality of the analysis.” Before relying on the report, the AAA recommends users seek advice from a qualified actuary.
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.