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What Types of Ex Parte Communications Are Permissible?
The Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C.A
' 1320d) was enacted by Congress in 1996 and took effect on April 14, 2003. Although it was originally intended to increase access to health care by expanding insurance portability and renewability, privacy issues evolved due to developing technology that provided easy access to health information. As a result, Congress added additional safeguards to the seemingly innocuous Act. Such procedural safeguards have spawned a debate on whether HIPAA preempts state privacy laws, and if so, whether it prohibits ex parte communications between a plaintiff's treating physicians and defense counsel. Therefore, it's important for counsel to be aware of the various state and federal court decisions on the subject and the issues raised by both plaintiffs and defendants in this amorphous area of law.
Ex parte communication with a plaintiff's treating physicians is a litigation tool that has long been utilized by defense counsel. Not surprisingly, plaintiffs have fought long and hard to prevent this type of informal discovery. Both plaintiffs and defendants have valid arguments for and against such ex parte communication. Plaintiffs, for instance, have privacy concerns regarding the dissemination of confidential medical information that is not relevant to the litigation. They also argue that ex parte communications undermine the confidentiality of the patient-physician relationship.
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.