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despite its publication a century after the author's death, far outside the normal protection window for an unpublished work.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.
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- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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