Features
Suits Roll in over Recalled Drugs
Plaintiffs' attorneys have filed several lawsuits in recent months involving two recalled drugs, the generic blood thinner heparin, and prescription medication Digitek, that could signal a clean break from past actions that were far less successful against drugs Vioxx and Paxil.
The International Community Weighs in on Witness Immunity
The question of whether expert witnesses should be immune from disciplinary action when they testify as experts in medical malpractice trials is not just an American issue. Medical societies and courts worldwide are grappling with the subject and their decisions can inform discussions in our own country.
Dealing with a Seriously Impaired Plaintiff at Trial
Last month, the authors discussed the fact that state laws vary regarding whether and when an impaired plaintiff can be present in the courtroom during the trial of his or her case. The authors conclude with a discussion on methods for diminishing the emotional impact on the jury of the courtroom presence of such a plaintiff.
Trust Accounts and Bank Failures
Many nervous attorneys are inundating their state and local bar associations with questions about what their personal and firm responsibilities are when client trust accounts are held in banks that fail. Bar associations are responding with Web postings and formal ethics opinions.
Features
Decisions of Interest
Recent rulings of interest to you and your practice.
Features
Cohabitation and the Discontinuation of Maintenance
A recent ruling by the Court of Appeals puts a whole new, and subjective, definition to the term "cohabitation": At the time that the agreement was entered into, what did the parties themselves mean when they stated the word "cohabit"?
The Postnuptial Agreement in NY and NJ
In last month's newsletter, the authors looked at the law in New York concerning enforcement of postnuptial agreements. The discussion concludes herein.
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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 ›
