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Drug & Device News
Pre-Emption Case: ChiefJustice Will Sit This One Out
The U.S. Supreme Court has agreed to review the holding in Brueswitz v. Wyeth, but Chief Justice John Roberts Jr. will not take part. Justice Roberts also was not involved in the decision to hear the case, which asks whether children who claim they are injured by vaccines may take their cases to state court with claims of design defects after losing in the Vaccine Court. A panel of the U.S. Court of Appeals for the Third Circuit last year held in Brueswitz that an injured child's right to bring such suits was pre-empted by the1986 National Childhood Vaccine Injury Act. Justice Roberts' reason for recusal is undoubtedly related to his ownership of stock in Pfizer Inc., which took over Wyeth last year.
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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.
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.