Mediating with Insurance Companies
In mediations involving insurers, lawyers and mediators need answers to unique questions: What kind of insurance exists? Why was it obtained? Do parties perceive it as a 'blank check'? How and when does the topic of insurance come up and who raises it (parties or mediators)? Does it raise unique issues, such as multiple representation, confidentiality and conflicts of interest?
Commercial Medical Practice: The Walk-in Clinic
Last June, the AMA requested that state and federal agencies initiate investigations into the growing retail-based health clinics run by major pharmacies across the country. The Association claims that there are potential conflicts of interest at these clinics, because the primary goal is profit-making by luring patients to the pharmacy to fill the prescriptions written by the in-house health provider.
Features
Litigation
Recent rulings of interest to you and your practice.
Ruling Adverse to Foreign Same-Sex Union Is Vacated
In vacating a lower court ruling, New York's Appellate Division, Second Department, wiped off the books the sole remaining decision refusing to recognize same-sex marriages solemnized in other jurisdictions.
Senior Divorce: Special Circumstances
Seniors are divorcing with greater frequency. Divorce is different for seniors than for younger married couples. The issues of visitation and child support that dominate divorces of many younger couples are not present; instead, seniors face their own unique issues with which professionals must grapple. This article is a discussion of some of the many nuances that are more unique to seniors ' and some of the planning implications those advising seniors should consider.
Mother Loses Custody after Tour in Iraq
A New York appellate court affirmed a family court ruling that granted primary physical custody of a child to his father after the mother went through a period of absence and upheaval starting with her tour of duty in Iraq.
Features
From Test Tube to Testate
As the definition of family becomes increasingly complex, so does the definition of children and further descendants. Who is (and who is not) deemed to be a legal child of a marriage has implications throughout family law. How the law treats adopted children, those born out of wedlock, those born as a result of egg and sperm donation, those born via surrogates and even children conceived after the death of a parent affects support obligations,'
Features
Technology in Marketing: YouTube for Lawyers 101
There is no question that online video has become one of the hottest mediums on the Web. For example, a recent Accustream iMedia study found that user-generated video captured 22 billion page views in 2007. Importantly, the interest in online video is not limited to young viewers, but is also shared by a significant and growing audience of older, more educated, and more affluent viewers.
Client Speak: Understanding the Client
As someone who has operated extensively on both the buyer and seller sides of the legal profession, I'm naturally prone to preaching the 'understanding your client' doctrine as a key best practice for all marketing and business development efforts. While I've taken some pains, in this publication and elsewhere, to define what 'understanding your client' actually means, it's important to remind ourselves that the process of getting to know your client requires really in-depth listening ' and that it often presents a few genuine surprises and problems along the way.
Features
Practice Building Skills: Straight from the GC's Mouth
One of the major mistakes the authors see attorneys and law firms make when they pitch business is that they spend too much time outlining their experience and what they can do for their client (the pitch), and they don't spend enough time asking their potential client what is important to them when hiring an attorney.
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MOST POPULAR STORIES
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Ticket Refund Suits Against StubHub to Get MDL TreatmentOnline ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.Read More ›
- Credible Fraudulent Transfer AdvocacyAppellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.Read More ›
- ELFA ScheduleThe Equipment Leasing and Finance Association has released its 2016 calendar of events.Read More ›
- Holders of Unredeemed Gift Cards Denied Bankpruptcy PriorityFor some time now, the brick and mortar side of the retail industry has been in financial distress. In 2015 and 2016 alone, brand-name companies such as Sports Authority, RadioShack, Aéropostale, American Apparel, Eastern Mountain Sports and City Sports sought bankruptcy protection. A common question in these cases is how to treat holders of unredeemed gift cards. Are they near the back of the line with other general unsecured creditors, or are they entitled to “priority” payment status under the Bankruptcy Code?Read More ›