Features
Understanding the Doctrine of Informed Consent
It is important that we help our clients to understand the duties they owe their patients. One such duty, the parameters of which continue to evolve and become more refined ' is the duty to facilitate the patient's informed consent.
Health Field Workers Upset by Mandatory Flu Inoculation Rules
One state has made inoculation against the H1N1 and other strains of flu mandatory, and several hospital systems have done the same. Some individuals see the new rules as an impingement on personal liberty 'and are up in arms.
In the Courts
Recent rulings of interest to you and your practice.
Business Crimes Hotline
A look at recent rulings in various states.
Rights of U.S. Citizens Abroad
Two recent Second Circuit decisions may have serious implications for the constitutional rights of U.S. citizens living abroad who become involved in increasingly global antitrust and anti-bribery investigations. Here's why.
Investigating the Theft of Trade Secrets
A dangerous fact of life in today's financial firms is the threat of high-tech espionage, particularly theft of intellectual property by employees. However carefully the computer code is protected, there are always employees who need access to update, run and maintain it. And these binary crown jewels can be stolen with the click of a mouse.
New Bumps and Tolls Along the Road to FCPA Settlements
Foreign Corruption Practices Act (FCPA) is no exception settlements have moved from hundreds of thousands of dollars in the early 2000s to hundreds of millions in 2008. But the rise of anti-corruption enforcement overseas brings new tasks for counsel in FCPA investigations.
Litigation
Recent rulings of importance to you and your clients.
Features
NY Divorce Rule Freezes Couple's Assets Without Court Order
As of Sept. 1, divorcing couples in New York no longer need to seek a temporary restraining order prohibiting their spouse from the unauthorized spending, transfer or concealment of assets under a rule established by court administrators.
Resolving Family Matters in an Economic Crisis
While divorce lawyers cannot increase the income and assets of the party they represent, they can help clients by suggesting alternative dispute resolution (ADR) as a tool to save time and money, thus leading to satisfied outcomes for the clients.
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MOST POPULAR STORIES
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- Typically Uncommon: Defending Class Action Certification in Data Breach LitigationThe most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›