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Institutional Deliberate Indifference Image

Institutional Deliberate Indifference

Janice G. Inman

<b><i>When a Prisoner's Health Care Is Botched, the Providers' Employer May Be on the Hook</b></i><p>Prisoner Eighth Amendment allegations of cruel and unusual punishment due to deliberate indifference to their medical needs are common; most of them go nowhere. Once in a while, though, the care provided to a prisoner is so substandard that the case actually hurdles the defendants' motion for summary judgment and makes it to trial.

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In Light of Recent FTC Actions, Review Your Privacy Policy Image

In Light of Recent FTC Actions, Review Your Privacy Policy

Devika Kornbacher, Scott Breedlove, Janice Ta & Aislinn Affinito

Every day, billions of mobile and Internet-enabled computers, smartphones, watches, drones and even coffee machines are collecting vast amounts of geolocation…

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Professional Fees May Not Be Capped by Standard Carve-Out Provisions Image

Professional Fees May Not Be Capped by Standard Carve-Out Provisions

John C. Tishler & Tyler N. Layne

Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.

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Is Your Firm's Partner Compensation Spread Too Narrow? Image

Is Your Firm's Partner Compensation Spread Too Narrow?

Hugh A. Simons

It is fast becoming an imperative for elite firms to widen the range of their partner compensation. Too narrow a range allows competitors with wider ranges…

Features

Immigration Status, Divorce and Removal: What Is the Standard of Review? Image

Immigration Status, Divorce and Removal: What Is the Standard of Review?

Janice G. Inman

Although immigration law need not be an area of expertise in a family law practitioner's toolbelt, it doesn't hurt to have some knowledge of the ins and outs of this system when presented with a client facing possible removal from the United States because a marriage was short-lived.

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Deferred Compensation and Safe Harbor Plans Image

Deferred Compensation and Safe Harbor Plans

Lawrence L. Bell

The Department of the Treasury has issued final regulations addressing deferred compensation and safe harbor planning utilizing §§ 409A(d)(1), 457(e)11 and 31.3121(v)(2). These regulations set forth how plan sponsors can provide death benefits on a permissibly selective basis.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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