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

Features

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).

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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.

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

The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.

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.

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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.

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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.