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Med Mal News
Hospital to Use D&O Insurance to Pay Families of Victims of Homicidal Nurse
Somerset Medical Center, a New Jersey facility where nurse Charles Cullen killed 13 patients, has won the right to tap a $15 million directors', officers' and trustees' liability insurance policy to fund its settlement with victims' families. The hospital settled with them for an undisclosed amount in 2008, but ran into difficulty when it tried to claim against its policy with Executive Risk Indemnity Inc. a unit of Chubb Insurance. On March 22, New Jersey's Appellate Division agreed with a Somerset County judge that the policy's bodily injury exclusion doesn't apply, since the underlying suits were based on the hospital's alleged negligence in hiring and supervising Cullen, not on his homicidal acts. Cullen admitted killing 29 people in New Jersey and Pennsylvania and trying to kill six others between 1988 and 2003, when he was arrested, while still employed at Somerset Medical. Most of his victims were old and sick and died as a result of intravenous overdoses of medication.
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.