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Advance Directives for Health Care
With the Advent of the Federal Patient Self-Determination Act of 1990, all states receiving funding for medical assistance are required to provide patients with an option to have an Advanced Directive for Health Care. 42 U.S.C. '1395 cc (a). Following the passage of this Act, states have recognized that competent individuals have the right to convey their health care preferences in the event that they develop a terminal illness or life-threatening condition. The document has been commonly referred to as a living will or an advance directive for health care.
Many states also recognize the concept of a health-care guardian, or medical power of attorney, which allows an individual to appoint a person to make medical decisions on their behalf in the event that they are unable to do so. The requirements for executing a living will, executing an advanced directive for health care decisions, appointing a guardian or creating a medical power of attorney vary from state to state, but the purpose of these documents and information contained therein has been fairly consistent.
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.
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.