Features
Hearsay Evidence in Custody Cases
An admission ' an act or declaration of a party or his agent that constitutes evidence against the party at trial ' is an exception to the rule against hearsay. As a general rule, any declaration or conduct of a party or his agent, oral or written, that is inconsistent with that party's position at trial is admissible at trial as an admission.
Reentering the Workforce After Divorce
For matrimonial clients, making their way through the emotional, logistical, financial and practical obstacles in divorce is obviously challenging. One of the most empowering and intimidating of these challenges for some spouses is beginning new employment, especially after years of absence from the job market.
Constructive Emancipation
In New York State, a parent's duty to provide financial support to his or her child is reciprocal with the child's obligation to visit with the parent and obey parental directives. When a child fails to follow parental mandates and also refuses contact with his or her parent, that child may be emancipated and if so, the parent's obligation to pay child support will terminate. This process is called constructive emancipation, or emancipation by conduct.
Features
Med Mal News
The latest happenings in the med mal arena.
Features
Four Common Medical Malpractice Defense Myths
In adjusting medical malpractice losses, insurers, attorneys and claim professionals encounter recurring opinions on and challenges to effective claims-handling. Here are four common medical malpractice claim fallacies, and the reasons why they wilt under close scrutiny.
Features
New Foreign Drug Trial Rule Coming
A new U.S. Food and Drug Administration final rule governing clinical trials held in foreign countries will spark painstaking legal review of pharmaceutical companies' protocols for trials.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.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 ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›