Features
Presenting Evidence of the Risk of the Procedure
Last month, we discussed the fact that a defendant should be permitted to offer evidence that the plaintiff's injuries could have occurred in the absence of negligence. Conversely, the defendant should not be permitted to offer evidence that might lead a jury to improperly infer that the mere fact that a complication is a known risk of the procedure is evidence that the defendant was not negligent in causing that complication. The discussion concludes herein.
Features
Physician and Pharmaceutical Industry Relationships
According to a national survey of doctors published in <i>The New England Journal of Medicine</i>, 94% of physicians have "a relationship" with the pharmaceutical, medical device or related industries. A research firm recently estimated that drug companies spend over $20 billion annually marketing directly to physicians. With statistics like these, it is not surprising that the public is becoming concerned that these ties may influence how medications are developed, marketed and prescribed.
Features
Is Your Firm a Next-Generation Laggard?
The talent crunch when the economy turns up and firms are hiring again will be magnified because so many Boomers are approaching the age when they will "retire" from current positions ' voluntarily or involuntarily. Will there be enough people trained, experienced and ready to capably step into their shoes? How will the Boomers who want to stay be productively employed for mutual benefit?
Features
To Provide Health Insurance or Not? That Is the Question
The new healthcare bill will require employers to make a major decision: should they provide employees with "sufficient" healthcare coverage, or should they just pay the penalties? The decision will require a serious cost-benefit analysis.
Features
Conducting an Effective and Preventative Compensation Review
With the passage of the Lilly Ledbetter Fair Pay Act, the EEOC's and OFCCP's increased focus on compensation discrimination, and the government's increased budget for these agencies, compensation decisions are destined to come under increased scrutiny from employees, their attorneys and the government.
Features
Health Care Reform
Compliance with the new health care reform bill should include not only reviewing thoroughly your company's existing health-care benefits plans and consulting your benefits experts and employment counsel, but also remaining up-to-date on the changes to and evolution of the health care reform laws, which are far from complete. This article provides a brief description of the changes of which employers should be aware.
Features
How the Capital Markets and Current Drop in Property Values Can Work to a Tenant's Advantage
It is definitely a tenant's market, but tenants need to be aware of the "point of no return" for the landlord. They need to be acutely aware of how their tenancy will affect the value of a property and how to properly leverage their existing or contemplated occupancy.
Features
BAPCPA: Another Nail in the Coffin of Retail Reorganizations
BAPCPA has had a profound effect on retail reorganizations, particularly, the restriction on bankruptcy courts' broad discretion to extend debtors' time to assume or reject leases. This shortened time period, a maximum of 210 days, has been alleged to be responsible for the death of retail reorganizations.
Features
Seller, Beware
Companies that continue to supply to a customer after the customer files for Chapter 11 bankruptcy protection should take note of a recent decision from the Eleventh Circuit that required a supplier to return the money it was paid by a Chapter 11 debtor ' for goods shipped to the debtor post-petition ' because the debtor did not have authority to make the payment in the first place.
What Works and What Doesn't in Legal Advertising
In advertising, it's amazing what works and what doesn't work. It isn't always what you think it is.
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