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.
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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.
Avoiding a Breach of Confidentiality
With so much attention on HIPAA, However, less attention has been accorded to individual state-statute based patient confidentiality requirements, many of which existed for a significant period of time before the enactment of HIPAA. Other privacy right claims can be made based on traditional tort concepts, such as breach of contract and negligence.
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MOST POPULAR STORIES
- 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'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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- 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 ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
