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Nursing Home Litigation
When a nursing home resident is injured, tort litigation is traditionally the venue of choice for plaintiffs seeking compensation. However, with the risk of large verdicts appearing to increase in the last quarter-century, physicians and long-term health care facilities have begun to pursue mandatory arbitration as an alternative to traditional litigation. Defendant physicians and nursing homes often feel that arbitration is most effective to summarily dispose of fraudulent claims, to increase predictability in dispute resolution and to reduce the potential amount of damages recoverable. See, generally, John Day, Nursing Home Litigation: Pre-Suit Evaluation and Discovery, 27 Trial 2 (April 1991); Jules Olsman, Proving Damages for Elderly Plaintiffs, 27 Trial 35 (April 1991). Freedom of Contract and the Federal Arbitration Act.
However, many plaintiffs' and defense attorneys are not familiar with the rules regarding mandatory arbitration and how these rules can impact the representation of their clients.
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.
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.
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.