Features
Custody Awards and 'Zones of Decision-Making'
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
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
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?
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
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
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
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despite its publication a century after the author's death, far outside the normal protection window for an unpublished work.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
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
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.
Features
New York Internet Tax Law Does Not Violate Commerce Clause
An appeals court ruled last month that a state law requiring most online retailers to collect sales taxes on purchases by New Yorkers is constitutional on its face, though the panel ordered the reinstatement of claims that the tax law may violate the Commerce and Due Process clauses as applied to Amazon.com and Overstock.com.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›