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Drug & Device News
Pelvic Mesh Defense Verdict Thrown Out
After determining that the exclusion of two U.S. Food and Drug Administration (FDA) letters and other evidence left jurors with an “incomplete picture” of the facts, a Massachusetts appeals court recently reversed a defense verdict for Boston Scientific Corp. The case was brought by plaintiff Diane Albright, who allegedly was injured by a surgical mesh device known as Pinnacle, with which she was implanted in 2010 as a treatment for pelvic organ prolapse. At trial, the plaintiff was barred from offering into evidence a 2004 warning sent by the manufacturer's polypropylene supplier, as well as two 2012 FDA letters telling Boston Scientific that further studies were required.
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.