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Some Formerly in Foster Care May Now Return to the System Image

Some Formerly in Foster Care May Now Return to the System

Janice G. Inman

As of Nov. 11 of this year, under certain circumstances, some children who have aged out of the foster care system may voluntarily re-enter it.

Features

Custody Awards and 'Zones of Decision-Making' Image

Custody Awards and 'Zones of Decision-Making'

Bari Brandes Corbin & Evan B. Brandes

The authors continue herein their discussion of the situations in which New York courts have found it desirable to award one parent or the other decision-making authority over certain types of child-rearing issues. These are the so-called "zones of decision-making."

Features

Avoiding Physician Liability for Off-Label Use of Drugs and Devices Image

Avoiding Physician Liability for Off-Label Use of Drugs and Devices

Lori G. Cohen & Sara K. Thompson

This month, the authors continue their discussion with an anlysis of attacks on the physician's decision to prescribe off-label.

Features

Medical Product Reps in the OR Image

Medical Product Reps in the OR

Kevin M. Quinley

Physicians who allow medical sales reps into operating rooms may be caught in the crossfire of litigation and liability that can result from sales rep presence and activities.

Features

What's All This Talk About ROI of Social Media? Image

What's All This Talk About ROI of Social Media?

Lisa Tierney

There are many discussions going on about the use of social media among attorneys. Surely there are folks who don't understand the value of these mediums, mostly because of inexperience in using them. "Why should I go on Twitter and tell someone what I'm doing? Who is going to care?" they ask. To those people, I would suggest turning that question around: "When I have just heard a piece of important and timely information that would benefit some of my colleagues, how can I tell them all at once ' easily and quickly?" Now that's the question to be asking.

Features

Service Credits in the Cloud Image

Service Credits in the Cloud

Evan Henschel & Eric Swibel

Service providers need incentives to continue providing top-notch service.That is what most customers believe. Whether a customer engages a vendor for cloud computing, software offered as a service ("SaaS"), outsourcing, or simply the maintenance aspect of a traditional software licensing agreement, if an element of the deal is for the vendor to provide ongoing services, the customer will always seek a financial lever to provide the vendor with an incentive to perform.

Features

Avoiding Those Tax Day Dilemmas Image

Avoiding Those Tax Day Dilemmas

Jonathan T. Hoffman

As family law practitioners, we need to achieve a basic understanding of the tax code and the relevant provisions that may affect our clients.

Features

How Copyright Was Secured for Mark Twain Autobiography Image

How Copyright Was Secured for Mark Twain Autobiography

Sheri Qualters

Copyright lawyers are wondering how the Mark Twain Foundation is claiming a copyright on the first volume of Mark Twain's newly released autobiography despite its publication a century after the author's death, far outside the normal protection window for an unpublished work.

Features

Medicaid Divorce: An Overview Image

Medicaid Divorce: An Overview

Michael L. Olver & Christopher C. Lee

This article covers some of the issues that should be considered if clients wish to examine the possibility of a Medicaid divorce.

Features

Ex-Parte Interviews of Former Employees Image

Ex-Parte Interviews of Former Employees

Alan D. Kaplan & Richard Y. Im

The issue of ex-parte interviews of a corporation's former employees can raise tensions on many different levels. This area of law has been dubbed "a veritable minefield" that must be approached with great trepidation.

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  • 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.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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