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Med Mal News
NY Bill Would Allow Juror Substitutions After Start of Deliberations
A bill that would grant New York's civil courts the discretion to retain alternate jurors on the panel through deliberations cleared the State's Assembly Judiciary Committee on June 5. The bill, A10376/Sbb58-A, was submitted at the urging of Chief Administrative Judge A. Gail Prudenti's Advisory Committee on Civil Practice in an effort to put a stop to one source of judicial and litigant resource waste. A bill justification memo explained: “In cases of several weeks' duration, classically commercial, medical malpractice or products liability cases, a mistrial results in a tremendous waste of time and money for the litigants, the attorneys, and the Court, and frustration for the remaining jurors who have served throughout a prolonged trial in an effort to render a verdict.”
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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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.