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Features

Practice Tip: Playing Poker with Experts Image

Practice Tip: Playing Poker with Experts

James H. Rotondo

Part One of this article described problems arising out of the substitution of experts, and discussed some recent case law. The conclusion herein presents some suggested ways of dealing with the situation.

Features

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Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of interest.

Forensic Custody Reports Image

Forensic Custody Reports

Timothy M. Tippins

Cross-examination is a fundamental right and a key component of due process. Implicit in the right to cross-examine is the opportunity to do so effectively. Unfortunately, idiosyncratic practices by some judges with respect to disclosure of custody evaluation reports and the records underlying them often thwart the exercise of this most important right. Despite the official call for reform by the Matrimonial Commission, archaic limitations on access reminiscent of Star Chamber protocols continue to obstruct the disclosure essential to effective cross-examination.

Features

CA Case to Decide Whether the Duty to Warn Covers Hazards Posed By Products of Others Image

CA Case to Decide Whether the Duty to Warn Covers Hazards Posed By Products of Others

Malcolm Myers, Mark A. Behrens & Cary Silverman

At press time, the California Supreme Court was considering a case that could impose a duty to warn on the manufacturer of one product for hazards associated with other products that are manufactured and sold by third parties.

Features

Video and Audio Recording in Domestic Cases Image

Video and Audio Recording in Domestic Cases

Lynne Strober

Is there a legal difference between an audio and video recording of someone, compared with a video recording of someone? Moreover, if the recording is not sent electronically, but stored at the location of the recorded individual, is it still a violation of the wiretapping statute?

Features

Alert: Employers Should Review Arbitration Agreements Image

Alert: Employers Should Review Arbitration Agreements

Steven W. Suflas & Isaac P. Hernandez

Employers should revisit and review the language of any arbitration agreements in light of a Guideline Memorandum (GC Memo) issued by Ronald Meisburg four days before stepping down from his post as General Counsel for the National Labor Relations Board (NLRB).

Features

Do's and Don'ts For Managing Your Restrictive Covenants In a Recovering Economy Image

Do's and Don'ts For Managing Your Restrictive Covenants In a Recovering Economy

Jonathan R. Cavalier

This article provides helpful "do's" and "don'ts" to be used in constructing and evaluating employees' noncompete, nonsolicitation and confidentiality agreements.

Features

But I Have a Prescription! Image

But I Have a Prescription!

Jeffrey Shapiro & Eric B. Martin

Two laws come into play in cases of employment discipline for medical marijuana use ' the Americans with Disabilities Act (ADA) and the law of the specific state where the employee works.

2010 IRS Employment Tax Crackdown Image

2010 IRS Employment Tax Crackdown

Sherrard Lee 'Butch' Hayes & Julie Chen

The "Employment Tax National Research Project" will review and audit the employment tax practices of 6,000 randomly selected businesses across the country from 2010 to 2012. Any business selected for this audit should expect an intense and detailed examination into their tax records, compliance, and reporting practices.

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