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People injured by a drug or medical device often sue not only their medical caregivers and the hospitals where the devices were implanted, but also the drug or device's manufacturers. Smart move, but there may be other avenues for recovery that should be explored. There are many players in the process that brings a drug or device to the market, and it may prove valuable to question whether any of these had a role in causing the claimant's injury and whether they can be reached for recovery.
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What limitations does a municipality face in excluding religious uses in commercial or industrial districts? That issue has arisen in several cases over the last year and a half, most recently in <i>Western New York District, Inc. v. Village of Lancaster</i>. Although neither New York nor federal courts have definitively answered that question, it appears that municipalities enjoy more latitude to exclude religious uses in commercial and industrial districts than they enjoy with respect to residential districts.
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Husband and wife typically sign joint returns as their aggregate income tax liability will, in most cases, be less on a joint return than it would be if each filed separately. Once a joint return has been signed by the taxpayer, however, he or she cannot avoid the liability for tax with respect to that return. This can lead to serious financial problems long after the year for which the return was signed.So-called 'innocent spouse' relief under ' 6015 may be available, but no one should assume that relief can be readily obtained. Recent developments make this very clear.
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The American Psychological Association (APA) has now proposed new guidelines for Child Custody Evaluations to replace those promulgated in 1994, which set 'aspirational goals' for those psychologists engaging in evaluations of children for divorcing families going through custodial litigation. Herein is a critique of the new guidelines from an attorney's point of view.
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In June 2007, the American Institute of Certified Public Accountants (AICPA) approved new business valuation standards effective for assignments accepted after Jan. 1, 2008 for all member accountants. The AICPA's Statement on Standards for Valuation Services No. 1 (SSVS 1is a solid, well-reasoned set of principles on how to perform and report a valuation analysis. Matrimonial attorneys need to understand the impact of these new AICPA requirements to ensure that their clients benefit from the higher quality of work now expected, and to demand adherence to these standards when exposing poor work done by the casual valuation analyst.
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For most attorneys, December is dominated by celebratory events ' and each one can be an opportunity to make new contacts and further existing ones. People are generally relaxed and in good spirits at holiday parties; therefore they are often receptive to making new acquaintances. By taking a strategic approach to your holiday party planning, you stand to benefit from them greatly.
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In order to discourage and, possibly, sanction an employee for bringing a suit, even where he or she has signed a release, employers have historically added to the release agreement a covenant not to sue. That covenant usually includes a promise that the employee will not sue, and that, if the employee does file suit, he or she must pay the employer's defense costs in addition to his or her own attorneys' fees and costs. Recent cases have called into question the viability, utility, and even the lawfulness of covenants not to sue, such that employers may well decide to forego them when drafting releases of age discrimination claims.
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Last month, we discussed voluntary and incentive-based wellness programs, which are usually offered to employees on a voluntary basis, with various incentives often added to foster continued participation. We went on to discuss mandatory programs, which a minority of employers provide to encourage employees to get healthier by providing extensive health care services ' but that also require certain conduct, such as giving up alcohol and tobacco. This month, we continue with an in-depth discussion of the risks associated with mandatory programs.
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Thus there are numerous options available to you as in-house counsel if you are faced with a preference action. Knowing how to act, and how quickly, might make the difference between hanging onto the funds you received prior to your clients' bankruptcy, and having to hand them all over to the trustee to be redistributed among all the creditors.
Features
Although a corporation obviously cannot be put in prison, saber-rattling by the government concerning a possible indictment is indeed a draconian threat. In January 2007, Sen. Arlen Spector (R-PA) introduced Senate Bill 186, the 'Attorney-Client Privilege Protection Act of 2007' ('S. 186'). If enacted, S. 186 would straightforwardly 'prohibit' U.S. Attorneys from conditioning any <i>civil or criminal</i> charge decision upon, or use in deciding whether an organization is 'cooperating' with the government, 'the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of that organization.' In July 2007, Rep. Robert C. Scott (D-VA) introduced House Bill 3013 ('H.R. 3013'), a virtually identical bill (and bearing the same name) in the House. Here's why.