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As attorneys and advisers, we are asked to enter into planning situations and have something of a crystal ball as to the future. One of the most game-changing legislative reconfigurations may be reflected in the Patient Protection and Affordable Care Act (“PPACA”) passed in 2010. Unfortunately, PPACA is structured in a way that prevents it from being successful from the start. The numbers and assumptions being used are flawed. They are not tied to a realistic approach for providing services locally or nationally by Medicare.
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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.
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 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.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.