Commercial Law

On Jan. 1, 2010, extensive new Medicare reporting obligations took effect. They apply to insurance companies and other businesses, including product liability and toxic tort defendants that make payments to Medicare beneficiaries as a result of verdicts or settlements resolving liability claims.

Setting aside the contentious issue of whether stimulus activities are good for the economy at large, it is important that applicants for, and recipients of, stimulus funds realize that participation in these programs could result not only in significant benefits, but also in exposure to legal liability.

An in-depth review of recent key cases and what they mean for your practice.

Just a week apart, in late November and early December 2009, the Court of Appeals and then the Appellate Division, First Department, made major pronouncements on the authority of the courts to review determinations that ]property is subject to condemnation for allegedly public purposes.

Unsuccessful 50/50 joint ventures often lead to disputes between the partners and, in some cases, may produce noteworthy judicial decisions. Such is the case with Lola Cars International Limited v. Krohn Racing, LLC, et al. in which the Delaware Court of Chancery recently refused to dismiss claims arising out of a deadlocked joint venture structured as a limited liability company ("LLC"),

Matrimonial practitioners need to have some understanding of common long-standing trust techniques and some of the new ones in order to advise clients through a divorce involving such trusts.

Despite repeated stakes through the heart of hedonic damages testimony ' studies showing that the theory is unreliable, new evidence showing that the basis for such testimony in injury cases is nonexistent, and numerous successful motions-in-limine barring such testimony ' the economic hedonists are still with us.

Courts of appeal historically affirm more than 85% of all trial court Daubert decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.