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Case Notes
A $20 Million Pelvic Mesh Verdict
On April 28, a Philadelphia jury awarded the plaintiff in a pelvic mesh lawsuit $20 million, most of it in the form of punitive damages. In Engelman v. Ethicon, C.P. Philadelphia No. 021103888, plaintiff Margaret Engelman complained that she had been implanted with Ethicon's TVT-Secur mesh, which began falling apart just two months later, requiring her to undergo three further surgeries. Portions of the device remain in her body to this day, causing ongoing pain and urinary dysfunction. The manufacturer defended by asserting in its memorandum that Engelman offered no evidence that the harm she suffered was not a known risk to pelvic floor surgeons, and “[u]nder New Jersey law, a manufacturer has no duty to warn of risks that are within the common knowledge of physicians.” This defense did not fly with the jurors, all 12 of whom agreed that the manufacturer was guilty of failure to warn, and that this failure was the cause of Engelman's injuries.
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.
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.