Med Mal News
Recent news of importance to you and your practice.
Notice/Prejudice and the Role of State Law
In last month's newsletter, we began discussion of claims-made-and-reported medical malpractice insurance policies and of how most states are strict in requiring insureds to notify their insurers of claims within their policies' designated reporting periods. However, a recent Maryland case shows that state law sometimes may trump a policy's reporting requirements.
Traps for the Unwary
Medical malpractice liability insurers and self-insured entities that ignore the new Medicare reporting requirements do so at their peril. Here's why.
Discovery Is Changing
Two new developments promise to affect medical-malpractice litigation profoundly.
Women's Initiatives Bulk Up
When women's initiatives work well, the benefits inure not only to individual women, but to their firms and to the profession more broadly. What's good for female attorneys is good for their male counterparts and good for business.
Features
Facilitating Follow-Up
By setting clear guidelines and limiting lawyers' obligations, a law firm's marketing staff will make it more likely that their lawyers will be successful new business generators.
Sustainable Business Development Success
Generational differences need to be embraced and bridged to convey a consistent brand of business development, service delivery and client transitioning from generation to generation.
Features
Media & Communications Corner: Fueling Your Knowledge
The following tools are some of the latest to cross our radar ' and the author has found them to be remarkably useful.
The Push Is Over, Shift to a Pull Strategy
Technology and the explosion of social media have not only changed the game, they have permanently altered the playing field. Now the small law firm and the multinational giant have the same capacity to reach their audience.
Features
The Battle over Food-Related Liability
Part One of this article in last month's issue discussed the litigation faced by manufacturers and purveyors of food. Part Two herein addresses the relevant legislation.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
