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Med Mal News
Congress Approves Tort Reform Bill
On July 28, Congress approved a medical malpractice reform bill that would cap non-economic damages at $250,000 and limit punitive damages to $250,000 or twice the economic damages, whichever is greater. Multiple defendants could be held liable only for that portion of harm attributable to them. A limitation would also be placed on contingency fees attorneys in med-mal litigations could earn. One of the more controversial aspects of the bill is that it would protect drug and device manufacturers from being sued for punitive damages by those injured by the drugs or devices if such products were approved by the FDA. Medical practitioners who prescribe any such FDA-approved drug or device could not be named as defendants in any action for product liability. The bill, HR-5, is substantially the same as bills that have passed in Congress before but were later rejected by the Senate.
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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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.