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Causes of Action for Loss of Cryopreserved Embryos
In last month's issue, we discussed how suits seeking damages for the wrongful deaths of cryopreserved pre-embryos are, at present, generally doomed to failure. Unless state legislatures change the definitions of the word “person” in their wrongful death statutes, courts in the several states are going to remain reluctant to extend the availability of wrongful death recovery to what are, arguably, merely potential “persons.” The outcome on this issue in our illustrative case, Jeter v. Mayo Clinic Arizona, 2005 Ariz. App. LEXIS 153 (10/27/05), proved no exception to the rule. However, the Jeters — who had had their cryopreserved pre-embryos apparently lost by the clinic charged with preserving them — did prevail in their fight to reinstate their suit on several other grounds. Although based on application of Arizona law, the Jeters' successful arguments on appeal could be used, with some tweaking, in other jurisdictions when reproductive assistance caregivers are accused of failing to act with proper care.
Negligent Loss or Destruction of Pre-Embryos
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.
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.
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.