Eliminating 'Phantom Damages'
Lawyers who represent plaintiffs in product liability and other personal injury cases seek damages for medical expenses based on amounts originally billed by healthcare providers that are significantly higher than the plaintiff -- or anyone paying on her behalf -- actually paid.
Features
Representing the Individual Defendant
This article focuses on the inherent risk of unwittingly assuming the role of psychotherapist, the difficulty of gaining control over the demanding or doubting client, ethical situations, arising and attorney-client communications.
Moving Forward with Outsourcing in the New Legal Model
How do firms use and structure outsourcing most effectively under the new legal model and what are the opportunities that are available? This article provides the answers.
Why Does It Hurt When I Pay?
Are all those new partners lining up at your door wondering why they went from having to file personal income tax returns in one state to a multitude of 15, 20, or maybe more?
Take Ownership of Your Firm's Accounts Receivable
Most lawyers are familiar with and capable in marketing (winning the work) and production (doing the work effectively and efficiently), but they fail to grasp the importance of collections.
Features
EEOC Cases of 2011
The EEOC promised to file bigger, higher-profile cases in 2011. It did just that, with a second straight year of a record number of systemic investigations and class-like federal court filings.
Court Delays Controversial NLRB Poster Requirement
On April 17, the U.S. Court of Appeals for the District of Columbia Circuit enjoined the National Labor Relations Board (NLRB) from enforcing a controversial rule that would require most private sector employers covered by the National Labor Relations Act to post a notice advising employees of their rights under the Act.
Employees' Pre-Eligibility FMLA Rights
The Family and Medical Leave Act (FMLA) is perhaps the most difficult federal employment statute with which to comply. Here's a review of eligibility requirements.
Features
What Can Lawyers Take with Them Other Than People?
A close look at the standards for determining what documents a lawyer may take upon departing a law firm reveals a startlingly unclear and tangled area of legal ethics and law that should give any careful lawyer real pause.
Features
Why Should We Tolerate 'Jerks" in Our Law Firms?
Over the past three years of tough times, many law firms have put up with "jerks" in their partnership ranks in order to hold on to the portfolios of work controlled by those people. But there are ramifications to this decision ...
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MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.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 ›
- A Playbook for Disrupting Traditional CRMHere's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.Read More ›
