Partners in Preservation
Some outside counsel historically have felt that their clients' duty to preserve evidence rests primarily with those clients. The all-too-common practice was to fire off a memo to the client with some general guidance and then check it off the "to do" list. It was left up to the client to make sure proper steps were taken from there. If that was ever a safe or defensible process, those days are long gone.
Features
Professional vs. Ordinary Negligence in the Health Care Setting
The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.
Lease Accounting Project Update
Subsequent to publication of last month's lease accounting update article, the FASB/IASB Boards conducted a meeting on May 19, 2011 at which they unexpectedly reversed some of their tentative decisions favorable to the industry.
Features
The Role of Informed Consent in Defensive Medicine
Studies that have attempted to quantify the costs of defensive medicine by looking at the impact that tort reform has had on health care savings have obtained inconsistent results.
Features
Judgment Creditors Come One, Come All to NY
Recent case law has made New York an extremely beneficial place for a creditor seeking to enforce a judgment against a debtor's foreign assets.
Test Item Transparency
The authors hypothesize that if attorneys, judges, and psychologists were asked to rate the usefulness of data from psychological tests administered in the context of family law matters, attorneys and judges would assign higher ratings than would psychologists.
Features
Love Affairs and Long-Arm Statutes
The tentacles from the seven states recognizing the tort of alienation of affection continue their broad reach throughout the 50 states.
Features
Retiring in a Down Economy
Each case addressing the issue of retirement and its impact on support is highly fact-sensitive. The down economy's impact on such a situation serves to add an intriguing, yet extremely critical, wrinkle to the equation.
Features
Preparing for Things That Go Bump in the Night
When you're fighting for new client engagements, recognize that you are participating in a form of sophisticated combat. Draw on your training and strengths and you'll be prepared to engage and win new business.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Structuring Strategies for Off-Balance-Sheet Treatment of Real Property LeasesThe Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.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 ›