Features
Gathering Evidence in Qui Tam Actions
According to the federal government, while the act of gathering evidence creates a direct conflict between competing interests, the interest in disclosing the fraud generally outweighs the defendant's interest in keeping the fraud from being divulged.
New Drug Battle Rises in D.C.
A series of new DES cases proceeding in federal district courts in the District of Columbia and Boston is bringing a relatively untested issue in DES litigation to the forefront.
Features
Journal Article's Authors Not Responsible for Loss of Claim
Are there, or should there be, legal consequences for authors and publishers when medical journal articles do not state the truth, thereby causing harm?
When Does a Child Custody Evaluator Stop Collecting Data?
When is the work of a child custody evaluator complete? Over the past several years, the author has repeatedly run into this question. Here are his thoughts.
Features
Retaining Local Counsel When Dividing Retirement Assets
Dividing retirement assets in equitable distribution is well known among matrimonial practitioners as one of the most confounding, and potentially complex, areas of our practice. Do you need outside counsel?
NY Firm Disqualified
In New York, a Brooklyn appellate court has disqualified a Long Island law firm from handling a woman's divorce after the judge presiding over the case retired and joined the firm.
Features
Representing a Celebrity Client
Famous clients' net worth, income and the details of their investments are never publicly revealed. Custody is not disclosed. It is all kept private. How?
<b><i>Product Review:</b></i> Digital WarRoom Pro
Not long ago, Gallivan Gallivan & O'Melia LLC released Digital WarRoom' Pro for only $895 for a single license. It claimed DWR Pro could handle all electronic discovery needs in modest cases (less than 500,000 documents). This is still the only product I'm aware of that purports to offer this much functionality for this low a price. Frankly, it sounds too good to be true.
Features
The Evolving Minimal Technology Footprint
The key to a successful LPM and AFA approach, I feel, lies within client integration, and hence embracing the economics of ubiquity as alluded to above. In the information age, information and associated outputs are abundant, but how do we best organize, manage and share meaningful interactions and deliverables seamlessly with our clients?
Protocols and Pitfalls for Leveraging Technology
This article highlights a series of best practices for litigants to consider in their trial strategy discussions, as well as a description of the challenges they are likely to face.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›