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PA Court Ignored SCOTUS in Reglan Ruling
The Pennsylvania Superior Court's recent decision not to apply blanket pre-emption to failure-to-warn claims against the makers of the generic version of acid reflux drug Reglan ignores U.S. Supreme Court precedent and makes Pennsylvania an outlier among the other states that have ruled on similar issues, some attorneys said.
But others said they thought the superior court got it right and that the ruling may now clear the way for other pharmaceutical mass tort litigation to proceed. Some also noted that the ruling could ultimately lead to a 3-3 stalemate in the state supreme court because newly appointed justice and former Superior Court President Judge Correale F. Stevens would be forced to recuse, having sat on the lower court panel.
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.