Features
Index
An easy-to-use list of everything included in this issue.
Features
9/11 Award Ruled Separate Property in Divorce Case
An injured firefighter's entire federal September 11th Victim Compensation Fund award constitutes separate property for the purposes of equitable distribution, a state appeals court in Brooklyn has ruled.
Features
Forensic Custody Assessments
A look at some of the valuable and important information available to family and matrimonial courts via the services of skilled forensic psychologists who are cautious about grounding their opinions in the empirically verified specialized knowledge base of their profession.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Understanding the Potential Pitfalls Arising From Participation in Standards BodiesChances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.Read More ›
