The Use of Learned Treatises in Med Mal Litigation
Although everyone knows that medical journal articles, textbooks and practice guidelines often offer powerful ammunition for the trial lawyer, the law surrounding the so-called "learned treatise doctrine" remains neither well settled nor universally applied.
Mediation and the Medical Malpractice Case
Because mediations are becoming more frequent ' and compulsory mediation is becoming the norm in certain venues ' counsel must increase their knowledge about how to use the process to achieve the best results for their clients.
Features
Hanging Ten on the Wave of Change
We're on a wave of change that shows no signs of cresting. Here's how to keep your balance.
Technology in Marketing: The Top 10 Firm Website Best Practices
Whether via Google, a referral, or other source, prospective clients come to your website to learn about your firm's experience and track record, and to determine whether your attorneys have the expertise to meet their needs.
Features
Client Speak: Client Feedback: Best Practices
Part One and Part Two of this article, which appeared in the July 2011 and September 2011 issues, respectively, discussed the nine components of <i>How</i> Client Feedback Best Practices. This last Part is devoted to the <i>By Whom</i> Best Practices.
Features
The Rule of the Five Ws Works in a Crisis
Today's highly charged media environment, whether it's social media or television reporters, means that a crisis plan is a priority for even the smaller law firm.
Alternative Business Structures
Is the legal profession about to step down from its lofty heights into the nitty gritty of big business? If so, what would Alternative Business Structures mean for marketing the law firm?
Maximizing Arbitration Provisions Post-Concepcion v. AT&T
On April 27, 2011, the United States Supreme Court issued a decision in that will have significant impacts on the prevalence of class-based claims arising out of contracts with consumers.
Practice Tip: Videos, Experts, and Other Rulings You May Have Missed
A cluster of varied, recent rulings by New York's appellate courts offers diverse lessons to practitioners. Often, the actual gleaning is not new, but a good reminder nonetheless.
Features
The Supreme Court and Product Liability
The Supreme Court decided less than a handful of product liability cases last term. But those it did decide will have great significance in the areas of personal jurisdiction over foreign manufacturers, and federal preemption of state law.
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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 ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- 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 ›
- 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 ›