Features
What Went Wrong?
A recent U.S. Court of Appeals for the Federal Circuit decision reversing the U.S. Court of Federal Claims' denial of a vaccine injury claim highlights the widening gulf between the Federal Circuit and Federal Claims court on vaccine cases.
Features
Federal Circuit Reverses Denial of Vaccine Injury Claim
A recent U.S. Court of Appeals for the Federal Circuit decision reversing the U.S. Court of Federal Claims' denial of a vaccine injury claim highlights the widening gulf between the Federal Circuit and Federal Claims court on vaccine cases.
Features
Medical Providers and Social Networking Sites
In many ways, today's social networking systems are wonderful tools, bringing people together ' and no longer just the domain of teenagers. But these networking systems raise a set of issues that require us to think about confidentiality and professionalism in a new way.
DEBT Is a Four-Letter Word
Matrimonial attorneys must be able to distinguish elements of leverage risk that are accentuated in today's economy in order to present overvaluing business equity. Here's how.
Features
Divorce Windfall Not Unconscionable
'Courts will not set aside an agreement on the ground of unconscionability simply because it might have been improvident,'" a panel recently held in <i>Etzion v. Etzion</i>, 2008-00759.
Features
Court-Appointed or Jointly Retained Financial Experts
Financial experts are generally used in matrimonial matters to identify, value and help in the distribution of marital assets and also opine on issues such as income, cash flow, tax consequences or marital liabilities. This article focuses on the expert who is retained to render his or her own opinion.
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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 ›
- 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 ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.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 ›
- Restrictive Covenants Meet the Telecommunications Act of 1996Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.Read More ›
