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After Counseling Fails, Many Sue Therapists
The growing popularity of therapy for everything from marriage troubles to drinking problems has the mental health care community paranoid about lawsuits. Legal and health care experts say that therapists today face a greater risk of being sued than ever before, particularly given the 55% divorce rate and the breakdown of the family.
The fear of litigation is especially high among therapists who get tangled in messy custody disputes and get blamed for the loss of child custody. 'They are in the most dangerous environment in America ' and that's getting in between parents and their children,' said Eric C. Marine, vice president of claims for the American Professional Agency, which provides malpractice insurance to mental health care professionals. Marine, who is writing a white paper titled 'The Cleavers Have Left the Building,' believes that the breakdown of the family has pushed more people into therapy and, consequently, has triggered more suits against therapists in recent years. He should know. He sees the therapists' malpractice claims, and often gets phone calls from them upset about a lawsuit or a complaint. 'When I was young, nobody ever said anything about seeing a shrink. And even if you were seeing one, you didn't tell anyone. Today, I think that's why there are more lawsuits because therapy is now mainstream,' Marine said.
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.