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Late Notices of Claim on Behalf of Infants
A notice of claim must be served in accordance with New York's General Municipal Law (GML) § 50-e on any public corporation as a condition precedent to commencing a lawsuit against the corporation — and medical malpractice actions are no exception. The notice must generally be served within 90 days after the claim arises, although that requirement is satisfied if the notice of claim is filed within 90 days of a continuous course of treatment. See Young v. New York City Health & Hosp. Corp., 91 N.Y.2d 291, 295-96 (1998); Allende v. New York City Health & Hosp. Corp., 90 N.Y.2d 333, 337-38 (1997). Where a notice of claim is not timely filed, GML
§ 50-e[5] provides a court discretion to extend the time, provided the extension does not exceed the time limit for commencing an action. Therefore, an application for a late notice of claim sounding in medical malpractice on behalf of an infant must be brought within the 10-year statute of limitations running from the date of the malpractice. See Matter of Daniel J. v. New York City Health & Hosp. Corp., 77 N.Y.2d 630, 633-34 (1991).
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
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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.