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Drug & Device News
Three Judges Say Vaccines Did Not Cause Autism
The three claimants who a year ago were denied compensation from the National Vaccine Injury Compensation Program (VICP)(See 42 U.S.C. ' 300aa-10, et. seq.) because they could not prove a cause-and-effect connection between childhood vaccinations and their development of autism have lost their bids to have those decisions overturned. In order to collect from the Vaccine Injury Compensation Program, the claimants had to show that: 1) their child received a vaccine covered by VICP; 2) the vaccine was given in the United States; 3) the child suffered a serious and long-term injury because of the vaccination; and 4) there has been no previous award or settlement concerning that injury. In the rulings in the three cases, issued on the same day in March by three different judges, claimants learned the judges had rejected their proffered evidence, finding it inadequate for a showing that the mercury-containing preservative thimerosal used in vaccines harmed their children.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."