Dissecting the Latest Pronouncements on Ex parte Physician Interviews
There is a recurring battle playing out in trial courts across the country in medical negligence cases as to whether <i>ex parte</i> interviews with a patient's treating physicians are permissible under HIPAA and its implementing privacy rules.
The Battle of Experts
The first installment of this article discussed how facts and opinions are not the only things a jury considers in deciding the outcome of a medical malpractice case; jurors also pay close attention to large and small gaffes that may show an expert is biased. How can you best exploit these lapses when showing that the other side's experts are less reliable than they might appear?
The Internet Has Diminished Privacy Expectations and Torts
Blogs, social networking sites (Facebook, Twitter) and news sites, when accessible via search engines (Google) and other Internet data-mining applications, afford the public astounding access to previously inaccessible information about other people, with unprecedented speed and accuracy. By doing so, the Internet is changing society's expectation of privacy and, as a result, reducing the prevalence of what is perceived to be an actionable privacy violation, and actions about and awards for these.
A Checklist for Cloud Computing Deals
Cloud computing has become the technology buzzword of the new decade. The idea, as e-commerce and tech-company (or tech-savvy) counsel may know, is to use a multilayered network of servers and computers to provide computing and hosting power when needed ' sort of a front-end and back-office supplement and backup system without much of the in-house worries that go with those investments in IT structure.
The Determination of a Corporation's 'Principal Place of Business'
What is the "principal place of business" of a multinational corporation that has corporate headquarters in New York, but enjoys relatively few sales in that state, and instead conducts business in all 50 states and 39 other nations? What is "Business," anyway?
The Future Profitability of Law Firms
The next several years will see significant changes in the legal profession. It will not be the end of the world; most law firms will survive. This article discusses two distinct world views that will determine which firms will likely prosper, and which will survive.
Features
Communicating Firm Finances to the Partnership
Most financial misunderstandings can be avoided if firm management were to use some fairly straightforward communication techniques with their general partnership. This article compiles a few considerations for a law firm's head-of-finance.
Is Your Firm Ready for an IRS Audit?
The IRS has selected your firm for audit. Are you ready? You may be in for a surprise if you ever accept retainers, accept payment for services in kind, accept client trust funds, advance client costs in connection with matters you are handling, or have any service providers not on the regular payroll.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
