Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

Automatic Restraining Orders in Domestic Relations Cases Image

Automatic Restraining Orders in Domestic Relations Cases

Paul L. Feinstein

A recent new statute in New York provided for automatic temporary restraining orders against assets commencing with the filing and service of divorce papers. A number of other states have enacted, or tried to enact, such legislative provisions. However, there are serious constitutional issues that should be addressed.

Matrimonial Issues and Estate Tax Repeal Image

Matrimonial Issues and Estate Tax Repeal

Martin M. Shenkman

Congress left the estate tax law in a state of complete confusion at the end of 2009. Even if the bigger question of whether we will have an estate tax is resolved by the time you read this article, many issues that affect matrimonial practitioners, not just estate planners, will still remain unresolved.

Features

NJ Supreme Court Extends Long-Arm Jurisdiction to Foreign Manufacturers Image

NJ Supreme Court Extends Long-Arm Jurisdiction to Foreign Manufacturers

James J. ('J.') Ferrelli & Paul M. da Costa

On Feb. 2 of this year, the Supreme Court of New Jersey held that a foreign manufacturer of an industrial recycling machine is subject to New Jersey's long-arm jurisdiction under the stream-of-commerce theory. This has broad implications.

Features

Third Circuit Rejects Defective Sperm As Basis for Product Liability Suit Image

Third Circuit Rejects Defective Sperm As Basis for Product Liability Suit

Shannon P. Duffy

On April 1, the Third Circuit upheld a June 2009 decision by U.S. District Judge Thomas N. O'Neill Jr. that rejected claims by a mother and her daughter who suffers from Fragile X syndrome, a mutation known to cause a group of serious maladies.

Practice Tip: Admissibility of Expert Opinions Image

Practice Tip: Admissibility of Expert Opinions

David Uitti

The purpose of this article is to provide an update of the themes and factors that were important to courts in 2009 in reaching their decisions on the admissibility of expert witness opinions.

When Is an Expert Not an Expert? Image

When Is an Expert Not an Expert?

Lori G. Cohen & Christiana C. Jacxsens

The defense of a pharmaceutical or medical device product liability case often turns on the testimony of the core treating physicians. As defense counsel, we often are left holding our breath waiting to see how the physicians testify at their depositions or at trial. So do the plaintiffs.

Features

Presenting Evidence of the Risk of the Procedure Image

Presenting Evidence of the Risk of the Procedure

Christopher D. Bernard

Last month, we discussed the fact that a defendant should be permitted to offer evidence that the plaintiff's injuries could have occurred in the absence of negligence. Conversely, the defendant should not be permitted to offer evidence that might lead a jury to improperly infer that the mere fact that a complication is a known risk of the procedure is evidence that the defendant was not negligent in causing that complication. The discussion concludes herein.

Features

Physician and Pharmaceutical Industry Relationships Image

Physician and Pharmaceutical Industry Relationships

Kevin M. Quinley

According to a national survey of doctors published in <i>The New England Journal of Medicine</i>, 94% of physicians have "a relationship" with the pharmaceutical, medical device or related industries. A research firm recently estimated that drug companies spend over $20 billion annually marketing directly to physicians. With statistics like these, it is not surprising that the public is becoming concerned that these ties may influence how medications are developed, marketed and prescribed.

Electronic Visitation in Illinois Image

Electronic Visitation in Illinois

Eric L. Schulman

The form that visitation takes has evolved to include what is now being referred to as "virtual visitation": the use of electronic mail, instant messaging, video conferencing and other wireless technology to allow non-custodial parents to maintain more frequent contact with their children.

Features

Hiring a Web Site Developer: Top 10 Tips Image

Hiring a Web Site Developer: Top 10 Tips

Nancy Roberts Linder

Whether your firm is redesigning its existing Web site or creating its first site, hiring a developer can be an expensive and time-consuming undertaking. To make your redesign/development experience rewarding and to avoid misunderstandings, outline the scope of your project before obtaining proposals from Web site design firms.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Law Firms and the Rise of Hospitality
    The law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.
    Read More ›
  • Disconnect Between In-House and Outside Counsel
    'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
    Read More ›
  • Lack of Logo Placement At Center of Ruling Over Meat Loaf Album Packaging
    To build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.
    Read More ›