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'Bad Boy' Guaranties: Does the Punishment Fit the Crime? Image

'Bad Boy' Guaranties: Does the Punishment Fit the Crime?

Alan M. Christenfeld & Barbara M. Goodstein

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.

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Managing a Franchise System When 'Game-Changers' Arise Image

Managing a Franchise System When 'Game-Changers' Arise

Kevin Adler

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 Image

'Second Generation' Long'Term-Care Planning

Kim Natovitz

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.

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Witness Immunity: You Can't Always Get What You Want Image

Witness Immunity: You Can't Always Get What You Want

Stanley A. Twardy Jr. & Doreen Klein

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.

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Public Policy Considerations in Drafting Separation Agreements Image

Public Policy Considerations in Drafting Separation Agreements

Bari Brandes Corbin & Evan B. Brandes

We continue herein our discussion of New York's public policy and its effects on the validity of separation agreements.

Features

The Settlement Mindset Image

The Settlement Mindset

Laurence J. Cutler & Robert A. Epstein

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.

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Effective Use of Physician Assistants Image

Effective Use of Physician Assistants

Barry B. Cepelewicz & Richard J. Nealon

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 Image

Hospital-Acquired Infections Are on the Rise

Brandon Swartz

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 Image

Communications Problems and Solutions

Rees W. Morrison

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 Image

WARNING! Time to Appeal Orders Compelling or Denying Arbitration Is NOW

Fernando M. Pinguelo & Andrew D. Linden

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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