Features
Drug & Device News
All the latest news you need to know.
Features
Avoiding Physician Liability for Off-Label Use of Drugs and Devices
This month, the authors continue their discussion with an anlysis of attacks on the physician's decision to prescribe off-label.
Health Care Reform
Federal health care reform will significantly impact lawyers.From compliance to quality improvement to reimbursement, the changes are far-reaching.
Features
Medical Product Reps in the OR
Physicians who allow medical sales reps into operating rooms may be caught in the crossfire of litigation and liability that can result from sales rep presence and activities.
Shirking or Just Hard Times?
In a bad economy, a range of recent decisions can be cited to overcome the argument that an earning capacity in excess of current income should be attributed to a parent.
First-Time DMS for Lindsay Kenney: The Choice Is Worldox
For many years, the firm managed its electronic documents and files without a document management system (DMS) by using Windows Explorer to navigate folders and Windows Search to execute searches when needed. However, we reached the point where we had approximately 1.2 million documents (mostly Word documents) across both offices, sorted by year, client and matter, and were not searchable in an efficient way. We wanted to select a DMS that could easily store client-related e-mails in the same repository as the other documents, and provide efficient searching functionality.
<i><b>Case Study</b></i> Aon's Matter Management Solution
Aon experienced significant growth in the 1980s and 90s, both organically and through a series of strategic acquisitions. The growth brought about tremendous business gains, but created operational challenges that lingered for many years. One of these was the legal department.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›