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California Good Samaritans Get New Protections
California's Assembly Bill 83 was signed into law in August by Governor Arnold Schwarzenegger. The legislation protects good Samaritans who are not medical professionals from most liability when they attempt to assist others during emergencies. The new law was introduced after the California Supreme Court ruled, in Van Horn v. Watson, No. S152360 (Cal. 2008), that only trained emergency medical responders were immune from liability under the state's Health and Safety Code. In Van Horn, a woman sued her friend after the friend pulled her from her car following an auto accident, leaving her a paraplegic.
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 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.
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.
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.
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.