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In this age of regulatory and prosecutorial focus on corporate compliance, companies increasingly are relying on special outside counsel to conduct internal investigations into potential wrong-doing. Sometimes, these investigations are prophylactic: A company may want to understand the consequences of its current hiring prac-tices so it can develop standard operating procedures to better ensure compliance with anti-discrimination laws. Because this sort of pro-active, self-reflective investigation generally proceeds in the absence of outside scrutiny, counsel has the time and space to conduct a deliberate investigation.
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At press time, U.S. Deputy Attorney General Paul J. McNulty revised the controversial 'Thompson Memorandum.' A new 'McNulty Memorandum' was issued after harsh criticism from District Judge Lewis A. Kaplan in the KPMG case and a proposal by Senator Arlen Specter (R-PA) to abrogate the Thompson Memorandum by act of Congress. Look for an in-depth analysis in our February Issue.
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Counsel for companies faced with criminal violations of securities laws must maneuver carefully through a gamut of factors to determine whether to voluntarily disclose criminal conduct. A corporation may face administrative and criminal sanctions for non-cooperation from both the Department of Justice (DOJ) and the SEC. But the DOJ's 'Thompson Memorandum' also bestows attractive benefits for cooperation, measured in part by the corporation's willingness 'to disclose the complete results of its internal investigation.' The prosecution may grant a corporation 'immunity or amnesty or pretrial diversion' or 'a non-prosecution agreement in exchange for cooperation.'
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Mold-related personal injury claims have mushroomed in recent years, fueled in large part by the media and plaintiffs' lawyers who see mold as 'the next asbestos.' Many of these claims have been brought against cooperatives, condominiums and landlords by residents claiming that their health has been adversely affected by the presence of mold in their apartments. The science regarding causation is inconclusive, however, and New York courts have not weighed in on the matter until recently.
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As we all know, New York same-sex couples are not allowed to marry in this state, as confirmed by our Court of Appeals in July in the case of <i>Hernandez v. Robles</i>, New York's Constitution does not prohibit the limitation of marriage rights to opposite-sex couples. This does not close the book on all issues surrounding same-sex unions, however, because increased recognition of gay and lesbian rights in other states may have an impact on future cases in New York's courts.
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The latest happenings in this important area.
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In recent years, numerous professional medical associations, such as the American College of Obstetrics and Gynecology (ACOG), the American Association of Neurological Surgeons (AANS), the American Medical Association (AMA), and many others have taken on the 'hired gun' experts by promulgating expert witness guidelines and oaths of affirmation intended to self-regulate medical expert testimony in the courtroom. The guidelines and affirmations are typically part of larger professional conduct programs meant to improve the quality of expert witness testimony and increase the probability of equitable outcomes. American Academy of Pediatrics, Guidelines for Expert Witness Testimony in Medical Malpractice Litigation.
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The latest rulings for your review.
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Key rulings of interest to you and your practice.