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Features

What's Reasonable to Expect? Image

What's Reasonable to Expect?

Lucas M. Blower

A number of jurisdictions have adopted one version or another of the reasonable expectations doctrine.

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

In-depth analysis of recent key cases.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

The Limitations of Liability Coverage Under 'Designated Premises' Policies Image

The Limitations of Liability Coverage Under 'Designated Premises' Policies

Jonathan H. Pittman & Elaine A. Panagakos

Where CGL coverage is not available, some policyholders have attempted to obtain general liability coverage under policies that provide a more limited coverage, namely policies that provide coverage for bodily injury or property damage liability arising out of the ownership, maintenance or use of a particular "designated premises."

Features

Pharmaceutical Companies, Off-Label Promotion And Qui Tam Actions Image

Pharmaceutical Companies, Off-Label Promotion And Qui Tam Actions

Randall L. Christian, Jason H.Casell & Francisco T. Rivas

In pharmaceutical actions, most false claims <i>qui tam</i> actions brought by whistleblowers involve off-label promotion, kickbacks, pricing allegations, and reimbursement abuses. Although these start out as civil lawsuits, they often end with the DOJ pressing charges against the pharmaceuticals manufacturer.

Features

Attorneys and Whistleblowing Image

Attorneys and Whistleblowing

Howard W. Goldstein

A recent opinion from the Southern District of New York indicates that lawyers will typically be prohibited from bringing <i>qui tam</i> actions against their former clients. And the new Dodd-Frank regulations expressly limit when an attorney can reap a whistleblower reward.

Features

Privileged Communications and the One-Sided Nature of Crime-Fraud Litigation Image

Privileged Communications and the One-Sided Nature of Crime-Fraud Litigation

Jeffrey A. Neiman & Justin A. Thornton

The crime-fraud exception to the attorney-client privilege allows the government, often <i>ex parte</i>, to obtain a court order demanding the production of what were once thought to be privileged communications.

Features

LILOs and SILOs: The Final Chapter? Image

LILOs and SILOs: The Final Chapter?

Philip H. Spector

In what may be the final chapter in the years of litigation over tax-exempt entity leasing transactions, the Circuit Court of Appeals affirmed the Federal Claims Court's decision disallowing Wells Fargo's deductions from SILO transactions.

Features

Effective Hands-On Training That Millennial Lawyers Embrace and Boomer Lawyers Approve Image

Effective Hands-On Training That Millennial Lawyers Embrace and Boomer Lawyers Approve

Mark McCurdy & Suellen Wideman

Law firm training programs are being squeezed by the return of an old problem to the new workplace ' the generation gap. Here's how to bridge the gap and strengthen your firm.

Don't Ask and Don't Tell Image

Don't Ask and Don't Tell

Debra S. Friedman

Organizations that obtain, use and/or disclose an applicant's or employee's genetic information may run afoul of Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits companies from using genetic information to make employment decisions.

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MOST POPULAR STORIES

  • Disconnect Between In-House and Outside Counsel
    'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
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  • Divorce Lawyers' Obligation to Children
    Do divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.
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  • Upping the Legal Training Ante
    Womble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.
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