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Med Mal News
Legislation to Encourage Apologies Under Consideration
Nine state legislatures are currently studying whether to pass legislation that would bar health-care provider apologies for medical mistakes from the courtroom in medical malpractice cases. Henry, AP/Houston Chronicle, 4/12/07. A majority of the states have already passed laws that protect at least some statements of this kind, with a number of states prohibiting any apology from being admitted at trial while others protect only those statements made orally or within a certain prescribed time period following the provider's discovery of the mistake. Plaintiff attorneys are not all certain that doctors' apologies have much bearing on the proving of liability in court. 'You could never make your case by a doctor simply saying, 'I'm sorry that happened,' ' said plaintiffs' attorney Virginia Buchanan of Levin Papantonio Thomas Mitchell Echsner & Proctor in Pensacola, FL, who specializes in medical malpractice cases.
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.