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In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

FCA and ACA Pose Perils for Med-Mal Defendants Image

FCA and ACA Pose Perils for Med-Mal Defendants

Gregory B. Heller

Changes to the Patient Protection and Affordable Care Act (ACA) now make it easy for individuals who have gained information during the discovery process in a medical malpractice suit to use that information to bring a <i>qui tam</i> action under the False Claims Act (FCA).

Features

Equipment Lenders Beware Image

Equipment Lenders Beware

Lawrence S. Goldberg & David M. Hillman

Equipment lenders often consider an out-of-court foreclosure as a fast and efficient way to recover collateral from a defaulting borrower. The Second Circuit Court of Appeals has thrown a monkey wrench into the attractiveness of the foreclosure option, especially for those equipment lenders who foreclose on collateral with the goal of preserving value by operating the business until a strategic buyer can be located.

Partners in Preservation Image

Partners in Preservation

David Cohen & Brad Harris

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 Image

Professional vs. Ordinary Negligence in the Health Care Setting

Michael C. Ksiazek

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 Image

Lease Accounting Project Update

Bill Bosco

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 Image

The Role of Informed Consent in Defensive Medicine

John Ratkowitz & Robert Sanfilippo

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 Image

Judgment Creditors Come One, Come All to NY

Jennifer F. Beltrami

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.

Features

Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

A look at recent key cases.

Test Item Transparency Image

Test Item Transparency

David A. Martindale & James R. Flens

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.

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