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The Bumpy Road: Tort Reform in New Jersey
In the late 1990s, the New Jersey Legislature sought to curb what was viewed as excessive and often frivolous litigation in New Jersey. Over a series of several years, legislation was enacted to reduce the perceived prevalence of, first, medical malpractice and, then, automobile accident lawsuits.
In 1995, the legislature passed the Affidavit of Merit Statute (AOM), N.J.S.A. 2A:53A-26 et seq. The first real challenge to an interpretation of this new AOM Statute did not occur until 1998, the same year in which the legislature passed the 1998 Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1.1 to 35. The latter legislation significantly enhanced the requirements for personal injury plaintiffs to breach the limitation-on-lawsuit threshold, or verbal threshold, in order to recover for personal injury/non-economic damages. This statute had the desired effect of substantially limiting the number of lawsuits filed. Therefore, while not necessarily decreasing the costs of insurance (those costs held steady), it increased competition and created greater choice in the marketplace by developing an atmosphere that permitted both new insurers to enter the marketplace and old insurers who had left to return to the marketplace.
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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.
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.
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.