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New Drug Battle Rises in D.C.
Starting in the 1940s, doctors prescribed a synthetic form of estrogen thought to prevent miscarriages and other complications to millions of pregnant women in the United States. But in 1971, diethylstilbestrol, or DES, was banned by the U.S. Food and Drug Administration (FDA) after studies linked it to health problems in the children of women who used it, including infertility and a rare form of vaginal and cervical cancer. In the decades since then, children of DES users have sued pharmaceutical companies that produced the drug in courts across the country, accusing them of failing to test DES and misrepresenting it as safe.
Cases in Federal Courts
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.