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Med Mal News
A collection of the most important news you need to know.
Features
Monster Magazine Covers in Biography Are Fair Use
In the movies, it seems that monsters are always up to no good ' making mayhem or setting fires. But in a federal court in Philadelphia recently, a couple dozen movie monsters made some important new law and set a few significant precedents in the area of copyrights and trademarks that may help to define the doctrine of fair use for years to come.
Features
Electronic Medical Records
Recently, physicians and other health care providers have been inundated with information regarding electronic medical records ("EMR"). However, it is believed that the vast majority of health care transactions are still taking place on paper.
Features
Recession Keeps Family Lawyers Busy
Lawyers who specialize in divorce and custody disputes say they have witnessed a flood of activity in family courts in recent months due to the state of the economy.
Features
NY Tax Law May Have Far-Reaching Effects
Franchisors and franchisees will be heading into uncharted territory in New York state when a new law takes effect in December 2009 requiring that every franchisor must provide the Department of Taxation and Finance with contact information and extensive sales and tax data about each franchisee that is operating in the state.
Features
Proactive Preparation of Defense of Post-Recall Litigation
After a pharmaceutical or medical device manufacturer initiates a recall, its duties pursuant to FDA laws and guidelines do not end there. The FDA has set out certain responsibilities and steps that a manufacturer must or should follow after initiating a recall. Pharmaceutical and medical device manufacturers, however, can effectively combine their post-recall duties and responsibilities with a proactive preparation of a defense of potential litigation.
Features
The Call No Attorney Wants to Make
When should an attorney confess his mistakes to those he fights for? The answer is not always easy, and a lawyer's inclination to admit wrongdoings might depend on how he perceives a client.
Features
Redaction on Pricing Legal Services
The article herein takes the discussion of alternative billing a step further with information from Association of Corporate Counsel (ACC). How does a law firm or in-house counsel do it and what steps can taken to create a competitive advantage with alternative billing?
Features
Legal Holds: Get Them in Writing
In-house counsel and their outside counterparts routinely struggle with the problem of when and how to issue legal hold notices. When is litigation reasonably anticipated? Who should get the notice? Should the notice be tailored to the case or based on a rigid template? One question that should have a consistent answer is whether the notice should be in writing.
Features
Another View: Recent SEC Proposals on Proxy Access
The ongoing recession has led lawmakers and the SEC alike to focus on limiting perceived excessive risk-taking and improving the accountability of boards of directors to shareholders. This focus has yielded a range of ideas, although none more controversial than the SEC's recently proposed rules to permit shareholders to include their director nominees in a company's proxy statement.
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MOST POPULAR STORIES
- 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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
