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The Pitfalls of an Overly Qualified Expert Witness
Consider the following hypothetical scenario: In August 1992, a certain Dr. Rezzi, M.D., was a second-year pediatric resident who was rotating through New Jersey's St. Francis Medical Center. On Aug. 1, Dr. Rezzi was on duty when 18-month-old Miley Siren was admitted directly to the pediatric floor. Miley, admitted at 7:00 p.m., had been sent via ambulance to St. Francis at the direction of her pediatrician. St. Francis did not have a Pediatric Intensive Care Unit (PICU). During the course of the evening, Dr. Rezzi was the only physician on duty on Miley's floor, and she monitored the baby's condition.
The next morning, after Dr. Rezzi's shift concluded, the baby's condition had deteriorated. Ultimately, the decision was made to transfer Miley to University Hospital, which is 10 miles from St. Francis and has a PICU. Miley remained at University Hospital for a few days, where she was stabilized and eventually sent home. Unfortunately, after discharge, Miley experienced gross motor deficits and developmental delays, including cognitive issues.'
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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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
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.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
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.