Features
Witness Immunity: You Can't Always Get What You Want
In the arsenal of weapons available to federal prosecutors, a singularly effective one is immunity for witnesses the government deems important to its case. But perhaps equally as effective is the reverse ' the government can decline to request immunity for witnesses who may be critical to the defendant's case.
Features
Public Policy Considerations in Drafting Separation Agreements
We continue herein our discussion of New York's public policy and its effects on the validity of separation agreements.
Features
The Settlement Mindset
It is widely known among matrimonial practitioners that almost all cases settle ' well above 95%, in fact. It is also widely known that if, when, and how settlement is reached depends on countless factors.
Features
Effective Use of Physician Assistants
The use of P.A.s presents a number of medico-legal issues for a practice that must be considered, both by medical practitioners and their legal counsel. Failure to do so could result in increased liability exposure for the physician and the practice.
Features
Hospital-Acquired Infections Are on the Rise
Last month, we discussed the rising incidence of deaths related to hospital-acquired infections. With the accompanying publicity of the dangers MRSA infection poses, it is not surprising that litigation in this area is also on the rise.
Features
Communications Problems and Solutions
This article describes a handful of the communication complaints that law departments often encounter, and offers some ways to address them.
Features
WARNING! Time to Appeal Orders Compelling or Denying Arbitration Is NOW
The Supreme Court of New Jersey recently delivered a clear message regarding the time within which to appeal decisions concerning arbitration: Any order compelling or denying arbitration is deemed final and appealable as of the date entered, even if the arbitration order is limited to some, but not all, claims and parties.
Features
Taking Advantage of Changing Patent Landscapes
The America Invents Act (AIA), signed into law by President Obama on Sept. 16, 2011, is widely thought to constitute the most significant set of changes to the American patent system since the 1950s. Here's what it entails.
Features
Rethinking Boilerplate
If boilerplate provisions are not considered in light of the positions of the respective parties to a leasing transaction, a party can be left exposed to substantial liability or without a remedy for the rights it has so carefully negotiated.
Features
Projected Reform of German Insolvency Law
A large number of U.S. companies have investments in German entities. Should one of these German companies face a severe financial crisis, the U.S. shareholder must deal with German insolvency laws and procedures concerning its German subsidiary.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›