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Med Mal News
Grants to Be Available for Study of Med-Mal System Alternatives
President Barack Obama has ordered the Department of Health and Human Services to make $25 million available to groups that will study alternatives to our nation's current medical liability system. Noting that medical malpractice insurance premiums account for only a small percentage of the costs of running a medical practice, the President's memorandum to the Secretary of HHS nevertheless pointed out that many physicians report they are practicing defensive medicine in order to avoid medical liability, leading to increased medical costs for all American medical care consumers. “We should explore medical liability reform as one way to improve the quality of care and patient-safety practices and to reduce defensive medicine,” said the President. The grants are to be made available to states, localities and health care provider systems wanting to study alternatives to our current medical liability system. In accordance with a “fact sheet” issued in conjunction with the letter to the Secretary of HHS, grants of up to $3 million may be made, and one-year planning grants of up to $300,000 will also be made available. Decisions on grant awards are slated to be announced early in 2010.
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.
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.