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Med Mal News
Prison Overcrowding Leads To Suits for Inadequate Medical Care
On July 23, U.S. District Judge Thelton Henderson ruled that the State of California has repeatedly failed to adequately address the issue of prison overcrowding and the consequent delivery of substandard health care to prisoners, despite
that fact that Governor Arnold Schwarzenegger has declared a state of emergency over the issue. In his ruling, Justice Henderson ordered the creation of a special court to determine if prisoners should be released early or have their scheduled imprisonment dates delayed because of the problem. The judge on the Ninth U.S. Circuit Court of Appeals considered to be the most liberal, Judge Stephen Reinhards, has been appointed to the panel, along with U.S. District Judges Thelton Henderson and Lawrence Karlton.
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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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.