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Out of Court and Onto the Web
If a doctor's mistakes can be broadcast over the Internet for all the world to see, will he or she be more or less likely to settle a claim? What about plaintiffs? What are the implications for them should their suits against doctors and hospitals some day become public knowledge?
Most plaintiffs likely assume that their lawsuit will be resolved through settlement, trial, or some form of alternative dispute resolution. At worst, they might believe that if the case is not concluded at trial it will be resolved on appeal. When it is over, however, plaintiffs may not necessarily be able to close the book on the incident with confidence that it will not resurface. At the same time, over the last several decades, when litigiousness in American society has seemed to grow by leaps and bounds, physicians found comfort in including confidentiality clauses in their settlement agreements to prevent the general public from evaluating the details of those settlements. An increasing reality, however, is that the aftereffects of a plaintiff filing a medical malpractice claim or of a defendant contesting, or even settling that claim, may continue beyond the litigation.
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.
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.
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.
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.
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.