In many industries, non-competition provisions are a typical feature of employment contracts and partnership agreements. For lawyers, however, they have been condemned as unethical. Here's a look at Rule 5.6(a) of the ABA's Model Rules of Professional Conduct promulgated in 1983, and where it stands today.
In these hard economic times, the prospect of bankruptcy looms large for many people, including those who are divorcing. In fact, as anyone in family law practice knows, divorce itself can bring on a financial crisis even when marital assets are evenly split.
An order issued by the Westchester County Executive in 2006 requiring recognition of some same-sex marriages did not go unopposed. On Dec. 30, 2008, however, the Appellate Division, Second Department, upheld the legality of the order, affirming a lower court dismissal of a suit claiming the order violated New York's state constitutional and statutory law.
Virtually all matrimonial settlement agreements contain language that provides for the disposition of a refund of income taxes, paid by the parties during the marriage, in the unlikely event that such a refund is paid out after the agreement is signed. But what if the refund that is paid after the divorce is the result of one party's carryback of a post-divorce business (or "operating") loss?
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The average juror may not be aware of the extent of mental-health professionals' duty to protect innocent third parties from their dangerous patients, and they may be reluctant to hold these professionals responsible. Following are some strategies that will help to get the plaintiff's point of view across to the fact finder.
While gaining access to drugs not yet approved by the FDA can be a difficult task, many people will go to nearly any lengths to get them, even suing a drug manufacturer to force it to provide them the drug. That's what happened in the case of Gunvalson v. PTC Therapeutics Inc., a case recently overturned on appeal.
