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Drug & Device News
News of importance to you and your practice.
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FCA and ACA Pose Perils for Med-Mal Defendants
Changes to the Patient Protection and Affordable Care Act (ACA) now make it easy for individuals who have gained information during the discovery process in a medical malpractice suit to use that information to bring a <i>qui tam</i> action under the False Claims Act (FCA).
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Professional vs. Ordinary Negligence in the Health Care Setting
The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.
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Love Affairs and Long-Arm Statutes
The tentacles from the seven states recognizing the tort of alienation of affection continue their broad reach throughout the 50 states.
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Practice Tip: The Use of Cy Pres Funds in Class Action Litigation
Any product liability litigator who prosecutes or defends class actions should be familiar with the concept of "cy pres" ' which has been the subject of significant recent attention by the courts and commentators.
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Air Bag Warning Claim Preempted
Two recent cases highlight issues of importance to practitioners. One case dealt with preemption; the other with discovery sanctions.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
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- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
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