Features
'Bad Boy' Guaranties: Does the Punishment Fit the Crime?
While the "bad boy" guaranty has the practical effect of reducing the number of bankruptcy filings, this inability to file troubled companies for bankruptcy may prevent the efficient restructuring of distressed debt. Whether this is a positive development for either lenders or debtors remains to be seen.
Features
Managing a Franchise System When 'Game-Changers' Arise
One of the difficult balancing acts encountered by all franchise systems is between the relatively static nature of the franchise agreement and the dynamic, impossible-to-predict changes that occur in the real world. At the 34th Annual ABA Forum on Franchising, two industry veterans with perspective as senior in-house counsel spoke about how in-house counsel can identify potentially "game-changing" developments and lead their organizations' response.
Features
'Second Generation' Long'Term-Care Planning
In the absence of the implementation of the CLASS Act, employers who have not done so already might want to consider offering a private long-term-care insurance plan with an enrollment strategy that touches on paying for and planning for long-term care.
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.
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