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Defamation and the Disgruntled Defendant Image

Defamation and the Disgruntled Defendant

Janice G. Inman

<b><I>Anti-SLAPP Legislation and the Defamation Claim</I></b><p><b><I>Part Two of a Two-Part Article</I></b><p>In last month's newsletter, we began discussion of a defamation claim brought against two attorneys who took to the airwaves to publicize their client's complaints against a hospital and its owner. The defendants in that matter sought redress for what they claimed were untrue, and very unflattering, statements, but the attorneys moved for dismissal of the claims. We continue here with the court's reasons for granting the attorneys' motion.

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Stick to the 'Plain Meaning' Image

Stick to the 'Plain Meaning'

Janice G. Inman

<b><I>Interpreting Lease Contract Terms</I></b><p>The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing

Features

Healthcare Bankruptcy: Not Garden-Variety Image

Healthcare Bankruptcy: Not Garden-Variety

David A. Samole

For the remainder of 2017, due in part to the current uncertainty in the healthcare industry and its legislative oversight, more financially distressed providers are considering Chapter 11 bankruptcy to effectuate closures, consolidation, restructurings and related transactions.

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Enhancing Lateral Partner Opportunities and Compensation Image

Enhancing Lateral Partner Opportunities and Compensation

Randi Lewis

You are a partner in a law firm and you have decided to make a lateral move. You want it to be the right move to a better platform. Where do you start and how do you maximize the likelihood of a successful outcome? The more you are prepared to answer and ask questions, the greater the likelihood this next move will be an optimal one for you and the firm you are joining.

Features

Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce Image

Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce

Martin M. Shenkman

<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article in last month's issue addressed perhaps a dozen trust provisions and evaluated how to strengthen them to provide greater protection for a future divorce of a beneficiary. We conclude this discussion herein.

Features

The State of Data Breach Litigation and How to Avoid It Image

The State of Data Breach Litigation and How to Avoid It

Aaron D. Charfoos & Sean C. Griffin

The number of records compromised in data breaches in 2016 increased an astounding 86% over 2015 breaches. This has led to numerous data breach litigations in the civil and regulatory context. What are the major cases and trends from 2016? And what can organizations do to try to reduce their risks of breaches and litigations?

Features

Institutional Deliberate Indifference Image

Institutional Deliberate Indifference

Janice G. Inman

<b><I>Proving Constitutional Violation</b></i><p>Part Two of a Two-Part Article</I></b><p>Conclusion of a discussion about <I>Glisson v. Indiana Dept. of Correction,</I> in which Alma Glisson, whose son Nicholas died while in prison, sued the correctional facility for employing the services of medical contractor Correctional Medical Services, Inc. (Corizon).

Features

Using Computer Forensics to Investigate Employee Data Theft Image

Using Computer Forensics to Investigate Employee Data Theft

Timothy M. Opsitnick, Joseph M. Anguilano & Trevor B. Tucker

Departing employees have a sense of ownership over the data that they copy. Intellectual property commonly stolen includes customer lists, secret formulas, source code, strategy documents and other trade secrets. The information is often used against the organization when the former employee goes to work for a competitor or decides to start a new company.

Features

The Challenge of Complying with China's New Cybersecurity Law Image

The Challenge of Complying with China's New Cybersecurity Law

Dan Whitaker

In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. The law is set to go into effect June 1, 2017. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.

Features

Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims Image

Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims

Michael L. Cook

<b><I>Part One of a Two-Part Article</I></b><p>The issue of what constitutes a good-faith defense to a fraudulent transfer claim is a murky question that has produced a wide variety of reported decisions from appellate courts over the years. But a recent Sixth Circuit opinion sheds some clear light on a complicated fact pattern.

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