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Med Mal News
Firing Abusive Disabled-Patient Caregivers: Expos' Finds No Improvement
In 2011, The New York Times published an article exposing a troubling statistic: Less than a quarter of State workers employed by one agency to care for people with developmental disabilities were fired after they were found to have abused a charge or exhibited other egregious misconduct, even though their supervisors recommended discharge. Most remained in the employ of the State Office for People With Developmental Disabilities largely because of strong employee unions and the requirement that potential discharge cases be submitted to arbitration. On Aug. 9, the Times published results of a follow-up inquiry of the same agency, as well as of the State Office of Mental Health. Using employee disciplinary records obtained through the Freedom of Information Act, the Times once again found that just 23% of the 227 employees found guilty of patient abuse at the State Office for People With Developmental Disabilities were actually discharged from their positions; at the State Office of Mental Health, that number was 27%. Hakim, “State Lagging on Dismissals in Abuse Cases,” The New York Times, 8/9/13.
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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.
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.