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Med Mal News
Hospital Fined for Safety Lapses Following Author's Death
The hospital at which novelist Olivia Goldsmith (author of The First Wives' Club) died during outpatient cosmetic surgery has been fined $20,000 by New York State health investigators. The investigation of the Manhattan Eye, Ear and Throat Hospital was prompted not only by Goldsmith's death, but also by the death 1 month earlier of another plastic surgery patient. Both deaths were attributed to an allergic reaction to anesthesia, the administration of which was not properly monitored, state investigators found. The state identified a total of ten health violations at the hospital, each carrying a maximum fine of $2000.
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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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.