Commercial Law

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Directors and officers are developing strategies to address the business impact of climate change and the potential financial impact of current and future greenhouse gas regulation. Among the challenges they face are how to address disclosure obligations related to these financial risks and how to maximize potential insurance coverage under directors' and officers' liability insurance policies should climate-related claims be asserted.

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This article reviews recent changes to Maryland's Fair Employment Act and addresses the interaction between various discrimination laws and the issues that most employers need to consider.

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Matrimonial attorneys are all familiar with the concept of minority interests in closely held businesses, but there is not that much litigation in divorce cases concerning real estate, in which a litigating party owns less than a 50% share. Often, the same valuation theories that apply to corporations apply to real estate interests. Moreover, a creative use of those theories can help your client greatly.

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In this article on peer review, the authors hope to create for the reader a healthy skepticism about the process, and shed light on assumptions that they believe are often made by colleagues, attorneys and judges about the academic rigor and scientific integrity of the endeavor.

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The latest happenings you need to know.

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Medical battery is generally defined as a touching that the patient has not consented to. This occurs when the care provider steps far outside the agreed-upon scope of treatment or, more infrequently, omits to obtain any consent to treatment at all. The New Jersey Supreme Court defined the concept in <i>Perna v. Pirozzi</i>: 'If the claim is characterized as a failure to obtain informed consent, the operation may constitute an act of medical malpractice; if, however, it is viewed as a failure to obtain any consent, it is better classified as a battery.'

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Legally speaking, a cause of action for a physician's failure to disclose a financial relationship with a drug company or medical device manufacturer may take the form of a medical malpractice case for lack of informed consent or breach of fiduciary duty. This article discusses what physicians can do.

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Part One of this article began a discussion of the dramatic increase in cases alleging caregiver discrimination. Part Two herein discusses the most recent cases and guidelines involving this area of the law, and how employers can best protect themselves, given the explosion of family responsibility discrimination (FRD) cases and the open issues that could further impact the number of FRD filings.