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.
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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
- 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'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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
