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Med Mal News
Doctors' and Lawyers' Groups Face Off
Doctors for Medical Liability Reform (DMLR), a coalition of medical practitioners that lobbies for medical malpractice reform, has produced what it terms a “mini documentary” about the medical malpractice liability situation for public dissemination. The group is asking the public to view the video, available at http://www.protectpatientsnow.org/site/c.8oIDJLNnHlE/b.981429/k.CC32/Home.htm, then, if they agree with it, to pass it along to ten more people. “By spreading the word to your friends, family, neighbors and colleagues, you can help end medical lawsuit abuse,” says the Web site release. Among the claims made are that doctors are being forced out of practice by rising liability costs and that patients are thereby losing access to care. The Association of Trial Lawyers of America (ATLA) has taken issue with the claims made in DMLR's video, stating in a release that although the video is “billed as a 'mini-documentary,' it's more like pulp fiction – dramatic and scary but not very truthful. The video repeats the widely-debunked myths the insurance and pharmaceutical companies make to lobby for changes in the law to allow them to be unaccountable to patients.” The ATLA's counterarguments can be viewed at http://www.atla.org/pressroom/FACTS/health/DMLR.pdf.
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.