Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Supreme Court Handles Device Makers a Victory
The U.S. Supreme Court in February tackled an issue that has come up frequently in lawsuits brought by plaintiffs claiming they've been injured by medical devices: Do the Medical Device Amendments of 1976 preempt state law-based claims against device manufacturers? The Court had partially answered the question in Lohr v. Medtronic, but the fact situation in that case did not necessarily make its decision applicable to other cases against medical devices manufacturers.
Following Lohr, the U.S. Courts of Appeal generally found that state law claims for injuries caused by medical devices were indeed preempted, with only one ' the Eleventh Circuit ' holding in Goodlin v. Medtronic Inc., 167 F3d 1367 (11th Cir. 1999), that the contrary was true. The Supreme Court has now attempted to clarify the issue in Riegel v. Medtronic Inc.,128 S.Ct. 999 (U.S. 2/20/08), and it is likely that device manufacturers around the world are now breathing a sigh of relief, while at the same time rushing to file motions to dismiss most of the many suits now pending against them in courts around the United States.
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.