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The Famous Dr. DeBakey and His Two Controversial Practices
As we noted last month, the highly successful cardiac surgeon, Dr. Michael DeBakey of Baylor University, was famous in the 1970s not only for his medical successes, but also for two unusual practices: 1) He performed “overlapping surgeries,” in which he moved from one operating room to another, executing only the crucial aspects of a series of patients' procedures and leaving the rest to other surgeons; and 2) He filmed many, if not all, of his procedures so that there was complete documentation of whatever happened during the operation. Both of these practices have potential to impact the outcome of a medical malpractice claim. We focused on the first of them last month. Let's now turn our attention to the second.
Recording Patient/Surgeon Encounters
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.