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Verdicts
Florida Court Confirms Plaintiff's Right to Access Past Adverse Event Records
Florida's Circuit Court for the Seventeenth Judicial Circuit, Broward County, has held that, in a case in which a plaintiff sought discovery of a hospital's records of patient falls over a period of five years, the trial court's order denying the hospital's objections to the discovery requests did not depart from the essential requirements of Florida's constitutional law permitting such discovery, and that law is not contrary to federal statutory law or the U.S. Constitution. Columbia Hosp. Corp. of South Broward v. Fain, — So.3d —-, 2009 WL 2516917 (Fla.App. 4 Dist., 8/19/09).
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.
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.