New Challenges to DOMA
Two recently filed suits, one in Connecticut and one in New York, claim that the United States, by relying on the Defense of Marriage Act to deny the validity of same-sex marriages violated the constitutional rights of the plaintiff gay and lesbian married couples.
Matrimonial Fee Dispute Arbitration
Fee dispute arbitration, which is usually a condition precedent to suit, is an oft-underused vehicle to help secure payment of fees in a less formal environment where the client may see that resolution is the best option.
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Med Mal News
Recent happenings in the med mal practice area.
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Off-Label Use of Drugs and Devices: Defending the Physician
Physicians who wish to minimize their potential liability for off-label prescriptions of drugs and devices have several tools they may use to position themselves favorably in the event of future litigation. Using these "best practices" will go a long way in helping their defense.
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Advocacy in ADR
This article discusses issues counsel must be aware of to be effective advocates in alternative dispute resolution.
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To Err Is Human, But This Is Something Else
As early as 2004, there was recognition that efforts to advance patient safety were not moving forward comprehensively enough to be responsive to the problem. Where do we stand now?
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MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest 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 & 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>Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›