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The Autism Cases, and What's Next
The fight to get recognition of a link between autism and childhood vaccines took a heavy blow in February when the U.S. Court of Federal Claims found no such connection in the three test cases before it. Results of recent studies certainly portended these outcomes, but hope remained that the so-called Vaccine Court ' the Office of Special Masters of the U.S. Court of Federal Claims ' might side with the claimants.
The claimants were seeking compensation from the National Vaccine Injury Compensation Program (VICP) (See 42 U.S.C. ' 300aa-10, et. seq.), a program set up in 1988 by the U.S. Department of Health and Human Services to compensate those who are injured by certain vaccines. In order to collect on a VICP claim, petitioning parents must generally show that: 1) their child received a vaccine covered by VICP; 2) the vaccine was given in the United States; 3) the child suffered a serious and long-term injury because of the vaccination; and 4) there has been no previous award or settlement concerning that injury. (In certain cases, if an injury is a well-known side-effect of a particular vaccine, and it is listed in what is called the “Vaccine Injury Table,” the petitioners need show only that the victim received the vaccine and that he or she suffered the injury listed in the table in order to recover.)
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.