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Determining Whether Medical Causation Is Established
To prove medical malpractice liability, the plaintiff must establish through competent expert testimony that, to a reasonable degree of medical probability, his or her injury was caused by the defendant's negligence. To have evidentiary weight, an expert's medical causation opinion must be supported by an adequate foundation demonstrating why the expert is reasonably certain that probable cause exists. What does this standard of proof mean, and how can we gain a better understanding of statistical analysis help to determine when the standard for proving medical causation has, and has not, been met?
'Medical Certainty' Versus 'Probable Causation'
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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.
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.
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.