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Lack of Informed Consent vs. Battery
Last month, we discussed the fact that a recent decision by the California Court of Appeal explores the relationship between the doctrine of informed consent and the intentional tort of battery. The case, Saxena v Goffney, '- Cal.Rptr.3d ”, 2008 WL 192317 (Cal.App. 4 Dist.,2008), which was decided Jan. 24, concerned the family of a deceased patient who died after leg wound treatments, who filed suit and ultimately proceeded to trial against Dr. Willie Goffney on theories of negligence, lack of informed consent, and battery. The case illustrates the importance to both plaintiff and defense teams of keeping the two theories straight, not only in argument but in formulating the jury instructions. Failure to do so could result in reversal on appeal. Herein is the conclusion of this discussion.
The Case on Appeal
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.