Features
Debt Forgiveness: Watch Out for the Tax Consequences
When drafting a property settlement agreement that involves debt forgiveness (<i>i.e.</i>, foreclosure, short sale, reduction in credit card debt), it is critical that matrimonial attorneys be aware of the tax consequences because the financial impact on a client can be enormous.
Features
Curbing Internet Defamation
An identifiable Internet speaker who sends an unlawful e-mail or posts an unlawful Internet message is subject to traditional litigation tactics. However, countless Internet speakers are not effortlessly identifiable. Hence, novel technical, administrative law and litigation tactics are advantageous for successfully curbing Internet defamation.
Features
Preemption Beyond Drugs and Medical Devices
Although the issue of Federal Preemption has grabbed the headlines in medical device and pharmaceutical cases, those analyzing preemption's impact on plaintiff's failure-to-warn claims on other types of products that are subject to federal regulation are significant for their varied results.
Features
Protecting Against Unique Claims Regarding Medical Device Sales Reps
In recent years, pharmaceutical and medical device manufacturers have faced an increased number of creative product liability claims arising from alleged actions of their sales representatives. Medical device manufacturers may face a challenge in preventing these claims because of the unique role of these representatives.
Features
Court-Approved Marital Property Transfers and Bankruptcy
In these hard economic times, the prospect of bankruptcy looms large for many people, including those who are divorcing. In fact, as anyone in family law practice knows, divorce itself can bring on a financial crisis even when marital assets are evenly split.
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Spoliation in a Medical Malpractice Case
Spoliation in the context of a medical malpractice case can raise many issues for lawyers representing doctors and hospitals. These issues can often be overlooked until it is too late to repair the damage done.
Features
Court Rules in Suit over Stones Blackberry License
The U.S. District Court for the Southern District of New York decided that The Rolling Stones' tour management company didn't breach the exclusivity terms of an agreement for use of Stones intellectual properties in conjunction with the planned development of a limited-edition Blackberry smartphone
Features
The ADA Amendments Act
Congress recently enacted the ADA Amendments Act of 2008 to clarify its intent as to who is protected by the Americans with Disabilities Act of 1990. Here's how to comply.
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Non-compete Agreements
Whether enforcing or defending against non-compete agreements, in-house counsel must understand the fundamentals. The eleven that follow are the most critical.
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