Med Mal News
A roundup of recent news important to your practice.
Features
Jury Awards $25.16 Million on Claim Acne Drug Caused Bowel Illness
An Atlantic County jury awarded $25.16 million to a Birmingham, AL, man after finding that Roche Laboratories Inc. knew or should have known that Accutane caused inflammatory bowel disease (IBD) and failed to warn prescribing physicians.
How to Avoid Paying for Your Divorce
Two recent New Jersey cases highlight the problems matrimonial attorneys are having collecting their fees, and the creative methods clients are using to avoid payment.
The Virtual Company
Entrepreneurs have always chafed against the formalities and procedures demanded of them by their attorneys and, more generally, by business laws. Who hasn't had to keep reminding clients of the importance of signing and returning annual minutes ' again and again and again? This is even more so for the tech sector, and e-commerce founders. After all, they created an industry by thinking outside the proverbial "box," so why should their creativity be constrained by legal rules created for the age of the steam engine?
How Much Is Too Much?
Few practitioners may be aware that in a handful of jurisdictions, temporary spousal support is calculated by a rigid formula based solely on the litigants' incomes, without regard to the actual need of the dependent spouse. This article focuses on the spousal support Guidelines in Pennsylvania, the only state in the country to employ a flat 40% calculation of the difference in the incomes of payor and payee to determine the award.
When 'If and When' Becomes 'Here and Now'
Mergers can present some difficult issues to matrimonial attorneys. A discussion of one such merger, pharmaceutical company Wyeth, will illustrate some of the problems and their resolutions. In addition, several sample forms follow this article.
Features
Generating Leads by Finding Buyers in Trouble
Legal services are not sold, they are bought. You can't sell something that the other person doesn't want. Hence, the most effective way to detect a lead is to find someone ready to buy.
Features
In-house Counsel: Who Has You Covered?
Because in-house counsel are increasingly popular targets when claims are brought against their employers, their insurance protection becomes especially important. This article discusses some of the types of insurance policies available to companies that may provide coverage to company lawyers, including Errors and Omissions, Directors and Officers, and Employed Lawyers Professional Liability insurance.
Features
Blogging and Your Business
As a marketer, know that if your employees post a blog comment, or an entry on Facebook or Twitter about your company or its products, a number of questions are raised. Is your company responsible for what is said?
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Guidelines for the Role of Therapist for Court-Involved FamiliesAn in-depth look at Guidelines for Court-Involved Therapy, recently promulgated by The Association of Family and Conciliation Courts(AFCC).Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›