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'Sorry Works' -- or Does It?
'Love means never having to say you're sorry,' according to Eric Segal's protagonist in the 1970s hit book and movie, Love Story. That may work in love but, increasingly, it may not apply to the more adversarial realm of medical malpractice and adverse patient outcomes.
Thirty years ago I began my claim-handling career by attending a five-week adjuster 'boot camp' in Atlanta run by a national third-party claim administrator. Wizened instructors drummed into the newly minted adjusters certain precepts as part of that indoctrination program. Conventional wisdom in handling medical malpractice claims ' as in handling any kind of liability claim ' was never to admit to fault or blame, even when there was fault or blame. A corollary was to make no premature offers of financial settlement, but to undertake painstaking investigation of a claim to assure oneself that it was meritorious and worthy of a settlement offer. Another tenet of claim handling was that you should never make any payment without getting a signed 'Release of All Claims' in exchange. In other words, you never give anything away; no signature on the release means no settlement payment.
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Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.