Features
Ethical Concerns: Medical Liens and Rights of Subrogation
In last month's issue, the author discussed the development of federal and New York State statutory and case law regarding third-party liens against the proceeds of medical judgments. Part Two herein concludes the discussion.
Features
Understanding the Doctrine of Informed Consent
It is important that we help our clients to understand the duties they owe their patients. One such duty, the parameters of which continue to evolve and become more refined ' is the duty to facilitate the patient's informed consent.
Features
NY Divorce Rule Freezes Couple's Assets Without Court Order
As of Sept. 1, divorcing couples in New York no longer need to seek a temporary restraining order prohibiting their spouse from the unauthorized spending, transfer or concealment of assets under a rule established by court administrators.
Features
Practice Tip: The Expanding World of the Product Liability Litigator
The specialty of product liability legal practice is greatly expanding. Modern day product liability litigators are called upon to litigate cases involving subject matter that is far more complex and varied than years past.
Features
Overtime Implications of Bonus Plans Under the FLSA
This article discusses both the general rule that bonus payments must be included in the "regular rate" calculation for overtime purposes, and the three most common exceptions to this general rule. It also tests your knowledge of these rules.
Features
Damages: A Tax Break for Plaintiffs Raises Interesting Issues
The Third Circuit recently delivered a significant clarification on economic damages in employment matters. In <i>Eshelman v. Agere Systems Inc.</i>, the court held that plaintiffs in employment-discrimination suits may recover for the negative tax consequences of receiving a lump-sum award for back pay.
Features
Too Much Information?
There is considerable information available in cyberspace ' much of it interesting, some of it damning, and some of it false. Obtaining that information feels risk free and virtually untraceable. However, the universe of employment laws applies to much of what happens when virtual sleuthing yields tangible job consequences.
Features
Five Reasons for Lawyers to Use Social Media
This article recommends using social media for business and career development, and presents five non-exhaustive reasons why attorneys should consider using social media for themselves or for their firms. The <i>what</i> and <i>how</i> of blogging, Twitter, Facebook, etc., are beyond the scope of what is covered here. This discussion is about <i>why</i> a lawyer might want to use social media.
Features
The Impact of the Credit Crisis on DIP Financing
A byproduct of the frozen credit markets was the unexpected contraction of available debtor-in-possession financing (DIP financing). Historically, DIP financings have had the lowest default rates among commercial loans, and until the recent market disruption, only two significant DIP loans had defaulted, and only one of those resulting in a sub-par recovery.
Features
The Equipment ABS Market
This article: 1) as a matter of background, discusses the basic economics of a TALF loan backed by equipment ABS and provides a general overview of the collateral eligibility requirements of TALF relating to equipment ABS, and 2) discusses the key hurdle (i.e., achieving a AAA rating) prospective issuers have encountered, and will likely continue to encounter in the near term under the existing paradigm, in their attempts to structure and execute equipment ABS in the current market.
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