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Advance Disaster Directives for Hospitals Image

Advance Disaster Directives for Hospitals

A. Kevin Troutman

With thorough advance disaster preparation, in-house counsel can avert legal problems such as employees' wage-and-hour claims, negligence or wage claims by employees' family members, and patient medical-malpractice claims.

Aftermarket Parts and Their Consequences in Litigation Image

Aftermarket Parts and Their Consequences in Litigation

Brett A. Emison

This article addresses the potential areas of liability for a lessor of automobiles in cases where an aftermarket alteration has been made, particularly if that lessor is the party who executed or authorized the change.

Features

Update: Courts Still Split on HIPAA and Ex Parte Physician Interviews Image

Update: Courts Still Split on HIPAA and Ex Parte Physician Interviews

James R. Moncus III

Early last year, the author discussed in this publication three decisions from lower courts that had the potential to greatly impact and shape the emerging landscape of the HIPAA <i>ex parte</i> interview debate. The discussion continues herein.

Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Federal Employee Death and Survivor Benefits Image

Federal Employee Death and Survivor Benefits

William Troyan

Attorneys crafting the death and survivor provisions of Domestic Relations Orders against a federal employee's pension benefits must be alert to differences in death and survivor benefits, described herein.

Where's My Copy? Image

Where's My Copy?

Dan Fuller

In offices around the world, the copy machine is one of the most heavily used devices. And until an April 2010 expos' by CBS News, most companies never thought twice about any data security liabilities associated with them after they had been disposed or traded.

Features

Tax Ramifications and Costs in Equitable Distribution Image

Tax Ramifications and Costs in Equitable Distribution

Michael E. Bertin

The recent Pennsylvnia Superior Court case of Balicki v. Balicki has sent shock waves throughout the family law community. Here's why.

2010 Tax Act Impact on Matrimonial Matters Image

2010 Tax Act Impact on Matrimonial Matters

Martin M. Shenkman

Major changes were made to the federal transfer tax laws with the Dec. 17, 2010 enactment of the "2010 Tax Act." These changes will have a significant impact on certain matrimonial matters. They also make it essential for all matrimonial practitioners to exercise caution with respect to their clients' existing estate plans and documents.

Second Circuit Affirms Designation of Secured Lender's Vote and Effective Cram Down Image

Second Circuit Affirms Designation of Secured Lender's Vote and Effective Cram Down

Michael L. Cook & Joseph E. Bain

The Second Circuit's ruling in <i>In re DBSD North America, Inc., </i> is important to would-be acquirers of Chapter 11 debtors. A lender's so-called "loan to own" strategy may still be valid, but acquirers cannot overreach. Consistent with other decisions, <i>DBSD</i> means that a competitor's manipulating the reorganization process to block a reorganization or to destroy the debtor's business will not work.

Technology in Marketing: Cultivating Relationships Using LinkedIn Image

Technology in Marketing: Cultivating Relationships Using LinkedIn

Nancy Roberts Linder

LinkedIn can be a useful tool for finding an "in" with a particular person or company, is helpful for background and intelligence gathering regarding executives and companies, and can also help you keep track of clients or colleagues who change jobs. This article, originally published in MLF in October 2009, provides an update to recent LinkedIn functionality changes, and highlights other features that are worth reviewing. &#133;

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Inferring Dishonesty: The Fifth Amendment and Fidelity Coverage
    Dishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud &amp; Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>
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