Features

Are Pharmacy Benefit Managers' Cost-Containment Claims a Shell Game?
In today's political climate, one of the hottest topics is the rising cost of healthcare and drugs. Following the last election, all industries should anticipate change, especially in healthcare. While much of the focus is currently on whether the Affordable Care Act will be repealed, one of the areas the government continues to scrutinize is costs.
Features

<i>Decision of Note</i><br>Suit Seeking Public Doman Status for 'Buck Rogers' Can Move Forward
Team Angry Filmworks' lawsuit seeking public domain status for science fiction hero "Buck Rogers" adventures is set to blast off now that the U.S. District Court for the Western District of Pennsylvania denied a request to dismiss filed by the trust that licenses Rogers material.
Features

Institutional Deliberate Indifference
<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.
Features

David Boies' Film Venture Sues over <i>Jane</i> Financing
The Boies/Schiller Film Group (BSFG), a film finance venture founded by renowned litigator David Boies and Zachary Schiller, has filed suit against investor Peter Nathaniel and his Boca Raton, FL-based investment fund Impala Partners LLC, accusing Nathaniel and Impala of misrepresentations that resulted in BSFG losing millions in its production of <i>Jane Got a Gun</i>, a 2016 film starring Natalie Portman that received middling reviews and underwhelmed at the box office.
Features

Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that recently went into effect, and looks at some recent decisions of interest from courts in Delaware, New York, and California.
Features

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

Do <i>Daubert</i> Motions Really Work?
<b><i>Part One of a Three-Part Article</b></i><p>Among the concerns commonly expressed by the trial bar is the perception that so-called Daubert motions are a long shot at best, often not worth the time and effort. Two recent studies shed new light on these attitudes.
Features

<i>Counsel Concerns</i><br>Athletes' Lawyer Sues Co-Counsel Over Fees from Video Game Cases
A New Jersey lawyer claims in a legal complaint that the law firm Hagens Berman Sobol Shapiro shortchanged him on fees from a $60 million settlement of class action suits that had been brought behalf of college athletes over the use of their names and likenesses in video games.
Features

Split Ninth Circuit Requires Default Interest to Cure Default
A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit.
Features

Director Independence to Consider Pre-Suit Demand
In a decision written by Chief Justice Leo E. Strine Jr., for the second time in 15 months, the Delaware Supreme Court reversed a Court of Chancery decision dismissing a derivative complaint for failure to plead demand excusal.
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