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Fight over Policing of Expert Testimony Heats Up
Many voluntary physician organizations have adopted codes of ethics that purport to govern the content of expert witness testimony as part of an effort to weed out unsupported opinions and perjury. For example, the state medical boards often have administrative rules prohibiting their members from engaging in 'unprofessional conduct.' Similarly, the American College of Surgeons, American Academy of Neurological Surgeons, the American College of Obstetricians and Gynecologists, and the American College of Emergency Physicians have adopted statements of policy that condemn testimony that is false, misleading, without a medical foundation, or that is not based on a thorough review of the pertinent medical records and available testimony. Some organizations have published 'oaths of affirmations' for expert witnesses to sign before they testify.
Over the years, aggrieved physicians ' both defendants and witnesses who have testified on behalf of the patient ' have attempted to use the ethical codes, expert witness affirmations, and administrative rules to pursue witnesses who testify against them. These actions have taken various forms: disciplinary proceedings regarding a physician's license following his or her testimony; suspension or revocation of membership in a voluntary organization, with the attendant effect on the physician's reputation and practice; and separate lawsuits for libel and slander.
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.