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Med Mal News
Statute Mandating Communication with Patient Gives Her No Standing to Sue
A court in Hartford, CT, has determined that, although under state law (Connecticut General Statutes (C.G.S.) ' 38a-503(c)), doctors are required to give patients information about the density of their breast tissue, a doctor's failure to do so does not give the patient a statutory cause of action against him. The plaintiff in Guiliano v. Jefferson Radiology alleged a breach of C.G.S. ' 38a-503(c) by her doctor, and she sought damages from him and his employer based on that breach. The defendants moved to strike, and the court complied with their request after finding that the statute did not establish a private right of action. The court did point out, however, that the plaintiff is free to re-plead to allege failure to communicate with her about her breast tissue density ' provided she does so without reference to the statute.
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.