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Med Mal News
Doctors and Lawyers Square Off over Study's Results
Following the release of a new study of the validity of medical malpractice claims and the verdicts and settlements they engender, the American Medical Association (AMA) and the American Trial Lawyers Association (ATLA) have taken up their usual positions at opposite poles on the question of tort reform. The study, conducted jointly by the Harvard School of Public Health and Brigham and Women's Hospital in Boston and published in the May 11 issue of The New England Journal of Medicine, concludes that more than 90% of malpractice claims involve a severe injury; of these, a total of 63% are due to demonstrable error, while 37% occur without evidence of error.
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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.