Dealing with a Seriously Impaired Plaintiff at Trial
Few cases inspire more sympathy than those involving a seriously impaired plaintiff. Such cases can be daunting to defense counsel because of the potential for juries to allow sympathy to overshadow their legal duty to consider the facts of each case objectively.
Features
Federal Detainees and the Constitutional Perils for Medical Care Providers
Lately, it is becoming increasingly clear that prisoners in our criminal justice systems are not the only ones at risk for receiving substandard medical care; similar problems are occurring in immigrant detention facilities. A look at two cases.
Professional Development: Enhancing Your Culture of Business Development
In this current economic environment, many firms must sharpen their focus on business development. This article discusses the results of research conducted across many firms; it will identify areas of potential weakness that can hamper your ability to nimbly respond during these challenging times.
Features
Marriage, Trust and Postnuptial Agreements
Postnuptial agreements are flexible documents that provide couples with an alternative to marital counseling or even divorce. As demonstrated herein, it is extremely important that these documents are carefully drafted and that close attention is paid to the fiduciary relationship existing between the parties.
Features
'Standards and Premises of Value'
Appraisers are frequently utilized to assist matrimonial courts in determining the value of property subject to equitable distribution within a marital estate. Here's what you need to know about the all-important Standards of Value.
Resolving the Enigma of Law Firm Leadership
The first installment of this article in September addressed the necessity of law firm leadership. The conclusion discusses qualities needed in a manager.
<b><i>Case Study:</b></i> A Windows Server 2008 Early Adopter Talks About Taking The Plunge
In October 2007, we began discussions for a long-term IT solution; one that provided flexibility, security and offered centralized access to our software applications. We wanted our professionals working on local workstations and remotely be able to share, view and access the same, latest information and files. Under the advisement of our local IT vendor, The Computer Hut LLC, a Microsoft Gold Certified Partner, our firm agreed to deploy Windows Server 2008 with the Terminal Services (TS) RemoteApp.
The Tao of Daubert
All too often, the outcome of a "child custody dispute" will turn upon the recommendations contained within the custodial or parenting plan evaluation of the psychological expert. This first of a two-part article contains: 1) a brief review of <i>Frye v. United States,</i> and <i>Daubert v. Merrell Dow Pharm., Inc.</i>, standards; 2) an exploration of why evaluations are so rarely challenged by <i>Frye/Daubert</i> hearings; and 3) the foundation for a meaningful review of the evaluation under either <i>Frye</i> or <i>Daubert</i> standards.
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- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.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 ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›