Features
Natural Orifice Surgery
Natural orifice transluminal endoscopic surgery ' often referenced by the acronym NOTES ' is becoming increasingly popular. Here is a discussion of potential avenues of liability claims associated with the surgery.
Features
Exercise of Medical Judgment or Deviation from the Standard of Care?
In a handful of states, a doctrine known as the "medical judgment rule" establishes a distinction between the legitimate exercise of medical judgment and a deviation from the accepted standard of care on the part of a physician. In New Jersey, the medical judgment rule is set out in Model Jury Charge 5.50G. This article provides a look at medical judgment and standard of care as outlined in the rule.
The Autism Cases, and What's Next
The fight to get recognition of a link between autism and childhood vaccines took a heavy blow in February when the U.S. Court of Federal Claims found no such connection in the three test cases before it. Results of recent studies certainly portended these outcomes, but hope remained that the so-called Vaccine Court ' the Office of Special Masters of the U.S. Court of Federal Claims ' might side with the claimants.
Features
NY Issues New Professional Responsibility Rules
On April 1, 2009, the Rules of Professional Conduct went into effect and replaced the current New York Lawyer's Code of Professional Responsibility as the governing rules of professional responsibility for attorneys in New York State. Here is an explanation.
The Progressive Lawyer: Mandatory Audio-Recording of Forensic Interviews in Child Custody Cases
While the majority of our jurisdictions now have case law to support the premise that audio-taping is mandatory upon request, there has always been a measure of resistance to the concept, generally emanating from a relatively small percentage of practicing custody experts.
Features
Recent Tax and Estate Planning Developments
A payor-ex-spouse buying life insurance for the payee-ex-spouse as part of a divorce settlement is almost ubiquitous. Although estate planners routinely recommend that clients review their planning periodically ' especially if a change occurs ' few clients tend to listen. The cost of not heeding that advice, and a few interesting legal issues, were pointed out in a recent case.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›
- Do FL and CA Talent Agency Law Cover Social Media Influencers and Esports Talent?If the definition for "artist" under Florida's Talent Agencies Act applies to influencers and esports players, then likely a lot of unlicensed representatives are in violation of the state's statute — and the penalties are pretty serious.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›