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Pending Decision May Influence Measure of Medical Damages Image

Pending Decision May Influence Measure of Medical Damages

David S. Ettinger

Measuring the extent of medical damages, for a medical malpractice claim as for any other type of negligence claim, is an important part of any case. Normally, when a defendant causes harm that sends a plaintiff to a hospital or doctor, three different measures may be relevant to determining the defendant's liability ' the amount the plaintiff herself has paid for medical care, the amount the plaintiff's health insurance has paid on her behalf, and the amount a health care provider has billed as its "usual and customary" charge.

Features

Therasense and the Doctrine of Inequitable Conduct Image

Therasense and the Doctrine of Inequitable Conduct

Scott R Miller & Manuel Nelson

Perhaps signaling an interest in revisiting the doctrine in its entirety, in April 2010, the Federal Circuit asked for briefing on six questions regarding the defense of inequitable conduct to patent infringement.

Authors, Agents and Publishers Seek to Carve Out Their Rights in Electronic-Book Formats Image

Authors, Agents and Publishers Seek to Carve Out Their Rights in Electronic-Book Formats

Michael I. Rudell & Neil J. Rosini

The rapid growth in e-book sales and the increasing number of options available to authors for digital distribution of their works are altering the traditional business model of print publishers. The size of the authors' shares and traditional publishers' shares (if any) of e-book sales revenues may depend on where the Digital Distributors obtain their rights to sell e-books: from traditional print publishers, which of necessity are becoming increasingly focused on e-book sales, from new publishers specializing in e-books, or even from the authors themselves.

Features

e-Commerce Retailing Continues Its Quarterly Return Image

e-Commerce Retailing Continues Its Quarterly Return

Michael Lear-Olimpi

e-Commerce spending in the second quarter was up an estimated full $1 billion from the first quarter, or $39.7 billion, the Census Bureau notes in preliminary figures ' a 2.6% rise for April through June, a gain of 1.5% from the first quarter and a healthy increase of 14% from the second quarter of last year.

Lessons from Twitter's Settlement with the FTC Image

Lessons from Twitter's Settlement with the FTC

William B. Baker

The recent announcement that social-networking phenomenon Twitter has agreed to settle FTC charges that Twitter engaged in inadequate privacy and information-security practices illustrates some simple mistakes social media and other online companies can make.

Features

When the Virtual Storefront Is the Home Front Image

When the Virtual Storefront Is the Home Front

Stanley P. Jaskiewicz

One of the virtues of e-commerce has always been its low barrier to entry. For little investment of time or money, anyone can set up shop online, whether selling advice or widgets. But can something so easily accomplished really be a business? Will an entrepreneur run something out of her spare bedroom the same way as if she had venture capitalists peering over her shoulders, demanding a business plan, financial statements, budgets, marketing plans and everything that a bricks-and-mortar retailer has (except the expense of leasing space)? If not, she may treat it as just another hobby, something to handle in her free time.

Features

Provisions of the Small Business Jobs and Credit Act of 2010 Image

Provisions of the Small Business Jobs and Credit Act of 2010

Richard H. Stieglitz & Rita Chu

President Obama signed into law the Small Business Jobs and Credit Act (SBJC) of 2010 on Sept. 27. More than $12 billion in tax incentives and relief provisions that are contained in the Act will directly or indirectly affect law firms, partners, their staffs and their clients.

Whose Signature Is on the Check? Image

Whose Signature Is on the Check?

Cara E. Greene & Nantiya Ruan

When it comes to getting paid for legal services, attorneys typically focus far more on getting paid than on who is making the payment. But they need to be concerned about the signature on the check.

Features

Social Media Marketing Image

Social Media Marketing

Jessica Brown & Scott Campbell

There are good reasons to believe that social media represents the next frontier in effective legal marketing, and many competitors have already hit the ground running. What do you need to know?

Coping with Socially Networked Jurors Image

Coping with Socially Networked Jurors

Harry A. Valetk

At the office, in the car or anywhere else, we share every detail of our daily existence in real time on Facebook. Most of the time, this is acceptable and constitutionally protected behavior. But what happens in the courtroom when jurors post their opinions about a case online during trial?

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