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The Anatomy of a Professional Medical Misconduct Hearing
Dr. Gold, a well-respected physician specializing in family practice, receives a telephone call from Mr. Tarnish, an “investigator” with the New York State Department of Health (DOH) Office of Professional Medical Conduct (OPMC). Mr. Tarnish wants to ask Dr. Gold a few questions regarding three of his patients. Wanting to help, Dr. Gold answers all his questions without giving them much thought.
A few months later, Dr. Gold receives a letter from Mr. Tarnish requesting copies of medical records for the three patients they previously discussed. Again, he complies. One month later, he receives another letter requesting that he make himself available for an interview. Still believing that he has done nothing wrong, Dr. Gold arranges to go to OPMC's offices and answers questions for about 1 hour.
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.