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Verdicts
A Second Chance: Changed Rules Shouldn't Thwart Plaintiff's Claim
A plaintiff in a New Jersey medical malpractice case whose claims were dismissed after the New Jersey Supreme Court changed the rules on qualifications for expert witnesses midstream should have been given the chance to find a new expert, an appeals court said. Williams v. Atlanticare Regional Medical Center, 2014 N.J. Super. Unpub. LEXIS 2157 (9/3/14). Appellate Division Judges Victor Ashrafi and George Leone said in a Sept. 3 opinion that Atlantic County Superior Court Judge James Savio erred when he changed his mind after first refusing to grant summary judgment in the case. “Plaintiff should have the opportunity to seek a new expert,” the appeals court said. “The trial court should not have second-guessed itself.”
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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.
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.
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.