Features
The Settlement Mindset
It is widely known among matrimonial practitioners that almost all cases settle ' well above 95%, in fact. It is also widely known that if, when, and how settlement is reached depends on countless factors.
Features
Effective Use of Physician Assistants
The use of P.A.s presents a number of medico-legal issues for a practice that must be considered, both by medical practitioners and their legal counsel. Failure to do so could result in increased liability exposure for the physician and the practice.
Features
Hospital-Acquired Infections Are on the Rise
Last month, we discussed the rising incidence of deaths related to hospital-acquired infections. With the accompanying publicity of the dangers MRSA infection poses, it is not surprising that litigation in this area is also on the rise.
Features
Communications Problems and Solutions
This article describes a handful of the communication complaints that law departments often encounter, and offers some ways to address them.
Features
WARNING! Time to Appeal Orders Compelling or Denying Arbitration Is NOW
The Supreme Court of New Jersey recently delivered a clear message regarding the time within which to appeal decisions concerning arbitration: Any order compelling or denying arbitration is deemed final and appealable as of the date entered, even if the arbitration order is limited to some, but not all, claims and parties.
Features
Taking Advantage of Changing Patent Landscapes
The America Invents Act (AIA), signed into law by President Obama on Sept. 16, 2011, is widely thought to constitute the most significant set of changes to the American patent system since the 1950s. Here's what it entails.
Features
Rethinking Boilerplate
If boilerplate provisions are not considered in light of the positions of the respective parties to a leasing transaction, a party can be left exposed to substantial liability or without a remedy for the rights it has so carefully negotiated.
Features
Projected Reform of German Insolvency Law
A large number of U.S. companies have investments in German entities. Should one of these German companies face a severe financial crisis, the U.S. shareholder must deal with German insolvency laws and procedures concerning its German subsidiary.
Features
Selling to an LLC?
Late last fall, the Delaware Court of Chancery issued a decision that surprised many business law observers and practitioners.
Features
Recharacterization: It's Not All About Equity or Insiders
In <i>Lothian Oil</i>, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.
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