Features
Drug & Device News
Recent news of interest to you and your practice.
Features
Blog Protection
Blogs, like traditional publications, may result in allegations of plagiarism, unauthorized use and defamation claims. And, as in the case of traditional publications, legal, technical and insurance options are available to reduce or eliminate blog-related difficulties for blog owners.
PPAC and Its Possible Effects on Medical Expense Tort Damages
In last month's issue, we began a discussion of how the mandatory health insurance requirement of the Patient Protection and Affordable Care Act of 2010 (PPAC) could work to reduce the amount of tort damages recoverable for medical expenses. We continue herein.
Features
e-Closings: When Convenience Creates Inconvenience ' and Complexity
Thanks to the Internet, e-closings (and traditional closings) have become quite streamlined. The most sophisticated deals are done in virtual deal rooms that allow multiple parties secure, controlled access to documents and procedures for signing the documents. But there is a definite negative impact.
Features
Hospital-Acquired Infections Are on the Rise
On Oct. 16, 2007, the Centers for Disease Control and Prevention (CDC), in Atlanta, issued a press release stating that, for the first time, Methicillin-resistant Staphylococcus auereus (MRSA) was killing more people than AIDS.
Medicare Set-Asides in Med-Mal and Personal Injury Litigation
An issue that arises with increasing frequency is whether, and to what extent, funds should be allocated from a settlement to provide for future medical costs that Medicare would otherwise be required to pay.
Features
How Social Media Builds Your Practice
Is using social media really worth the time it's taking out of yours busy days, and how do you know if it's paying off for your practice?
Features
You Don't Have to Sell to Develop Business
According to industry research experts, every hour spent on business development can yield up to $34,000 in additional fee revenue per year. So why aren't attorneys doing more of it? And why is it so hard to train them to do it effectively?
Challenges and Adjustments in a Merger
There is little or no honeymoon period after the marriage of a smaller firm with a much larger one. However, the drama that results from the merger need not ' and should not ' end in tragedy for the partners from the smaller firm.
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- 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 ›
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- 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 ›