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Each year brings new trends in medical malpractice law ' new interpretations of old law, changes in the law itself ' and cultural shifts, like a rise in the use of technology. We have identified five of the top issues in med-mal law this year ' the rise in demand for bariatric surgery; the use of Internet malpractice claim Web sites; electronic health record discovery pitfalls; the use of anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation to thwart lawsuits against participants in peer-review proceedings; and changes in the Restatement of the Law (Third) of Agency (2006) that could affect questions of hospital vicarious liability for contractors' actions.
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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 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.
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.
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.
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.