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Med Mal News
Attorney Must Pay for Delays
Judge Gary Sharpe of the U.S. District Court for the Northern District of New York has told an attorney representing a medical malpractice/wrongful death plaintiff that he alone ' and not his client ' must pay the sanctions imposed for his failure to timely respond to opposing counsel's discovery demands. Plaintiff attorney Jonathan Fairbanks blamed personal problems for his professional lapses over the course of several months, which had led the federal government to move for dismissal of the claims the medical malpractice plaintiff raised in Toborg. v. United States, 1:11-CV-150. Although the judge decided that this would be too harsh a sanction to place on a blameless plaintiff, he also concluded that it was clear the government had, or soon would, suffer financial harm as a result of Fairbanks' disregard for the discovery schedule. Accordingly, attorney Fairbanks was ordered to reimburse the government for the expenses it has or will incur as a result of his conduct, and he cannot seek to recoup that amount from his client.
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.
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.