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The Qualified Protective Order

Broderick W. Harrell

The debate continues on how the Health Insurance Portability and Accountability Act of 1996 (HIPAA) applies to, and affects, <i>ex parte</i> communications in civil litigation.

Features

The Relevance of 'Never Events' in Medical Malpractice Litigation

John Ratkowitz & Robert Sanfilippo

The National Quality Forum, a nonprofit organization that aspires to set priorities and goals for improvement in health care in the United States, established the concept of "Never Events," which consists of a list of serious complications that should never occur in a safe hospital.

Hyundai Motor America v. National Union

Maximilian A. Grant, Christine G. Rolph, Clement J. Naples & Gregory K. Sobolski

Defendants in patent infringement actions have new reason to scrutinize their Commercial General Liability insurance policies. On April 5, 2010, the Court of Appeals for the Ninth Circuit held that allegations of patent infringement involving a method of advertising constitute "advertising injury," triggering an insurer's duty to defend a patent infringement suit.

A Long Voyage from the Runway to the Beltway

Erin S. Hennessy & Nancy Kim

The Innovative Design Protection and Piracy Protection Act ("IDPPA" or S. 3728) was introduced in the Senate on Aug. 5, 2010 by Sen. Charles Schumer. The bill proposes to extend copyright protection to unique fashion designs by amending Chapter 13 of U.S. Code Title 17 (the Vessel Hull Design Protection Act of 1998).

Features

Liability Risks Hamper Clinical Trials

Blaine Templeman

While the current clinical trial scheme in the United States requires sponsors of trials to provide potential participants disclosure as to known possible risks of participating, there is no coherent and dependable scheme in this country for the protection of patients, hospitals and sponsors against the costs posed by clinical trial injury.

Features

e-Discovery Revisited

John Roth & Thomas Jones

This article presents some historical context illustrating the early development of e-discovery jurisprudence, continues with a discussion of the influential Sedona Conference and the findings of the Advisory Committee on the federal rules, analyzes the most recent case law, and outlines a prudent approach to e-discovery.

Features

The Deepwater Horizon Oil Spill: Potential Insurance Coverage Implications

Lynn K. Neuner & W. Nicholson Price II

More than 300 lawsuits have already been filed in Louisiana, Florida, Texas, Mississippi, and Alabama against BP and other corporations involved in the Deepwater Horizon oil spill, including Transocean, Halliburton, and Cameron, with thousands more anticipated. This article briefly addresses the contours of the coverage lawsuit already filed against BP and other coverage disputes we may see in the future.

Leadership Training Is an Oxymoron

Janet Kyle Altman

Leadership development is about learning, not training. Your firm's future leaders must be given the opportunities, tools, and motivation to develop their leadership.

Policing Workplace e-Mail Use

Fernando M. Pinguelo & Laura J. Tyson

On-the-job Internet surfing has become a problem that employers can no longer ignore. A recent Office of Inspector General investigation, for example, revealed that senior-level SEC staff, including an attorney, used their workplace computers to view online pornography for up to eight hours per day during the period of time that led this country's biggest economic meltdown since the Great Depression.

Pricing Management Survey

Michael Roch

A comprehensive, worldwide survey of pricing management practices in the legal sector conducted by the author's firm shows that law firms continue to face a significant execution gap in the context of pricing management ' meaning they intellectually understand what's needed to price legal services more effectively, but they struggle in executing this to their advantage.

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