Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Problems with Causation Testimony
Recently, the Georgia Court of Appeals affirmed a directed verdict based on Daubert principles in a shoulder dystocia case. Hawkins v. OB-GYN Associates, P.A., 2008 WL 820723 (Ga.Ct. App. March 28, 2008). The court reasoned that the expert's testimony was 'unreliable' because of improper use of the 'differential diagnosis' method and the fact that he made unsupported leaps from assumed facts to conclusions without evidentiary or medical/scientific support.
To understand the court's thinking, we examine herein the differences between 'differential diagnosis' and 'differential etiology' as they relate to a Daubert analysis, then look again at the Hawkins decision in light of the medical and legal distinctions between differential diagnosis and differential etiology.
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.
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.
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.