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Med Mal News
Board-Certified OB/GYNs May Treat Men After All
In response to reactions to its September, 2013 pronouncement that OB/GYN specialists certified by it were not permitted to treat male patients and could lose their certifications if they did so, the American Board of Obstetrics and Gynecology (ABOG) recently reversed itself. In a Jan. 30 release describing ABOG's changed stance, the organization explained that the new definition of an obstetrician and gynecologist “eliminate[s] the requirement that ABOG-certified Diplomates treat only women and that they devote at least 75 percent of their practice to Obstetrics and Gynecology. Under the revised policy, Diplomates 'must devote the majority of their practice to the specialty of Obstetrics and Gynecology.'” Many had protested last year's new restrictions on their practices, noting that they sometimes were called upon to treat the male partners of women in their care, and that certain research studies involving both male and female participants appeared to be off-limits to Board-certified OB/GYNs.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."