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Certificate of Merit Laws Under Fire
In last month's newsletter we began a discussion of the holding in the recent case of Putman v. Wenatchee Valley Medical Center, 166 Wash.2d 974 (2009), in which the Supreme Court of Washington struck down that state's law requiring the filing of a certificate of merit in medical malpractice lawsuits. The court's first basis for deciding that the legislation was unlawful was the federal and state principles that all citizens should have open access to the courts and to the protections of the law provided therein. As Washington's certificate of merit requirement often prevented plaintiffs from obtaining discovery, their access to the courts was impinged upon by that requirement, the court found.
A Second Problem: The Separation of Powers
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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.