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Litigation Upfdate
Supreme Court Holds Federal Vaccine Statute Expressly Preempts All State Law Design Defect Claims Against Vaccine Manufacturers Rather Than Only Claims Where Injury Could Not Have Been Avoided By Feasible Alternative Design
In Bruesewitz v. Wyeth LLC, 131 S. Ct. 1068 'Feb. 22, 2011), a child's pediatrician administered doses of the diphtheria-tetanus-pertussis (DTP) vaccine according to the Center for Disease Control's recommended childhood immunization schedule. Within 24 hours of her vaccination, the child began to experience seizures, suffering over 100 of them within a single month. Her doctors eventually diagnosed her with “residual seizure disorder” and “developmental delay.” Thereafter, the child's parents commenced a proceeding seeking compensation for her injuries pursuant to procedures set forth in the National Childhood Vaccine Injury Act of 1986 (NCVIA).
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.