Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Read More ›
Want to Assure Your Firm's Future? Plan for Disaster
Ed Poll
The U.S. Department of Labor says most companies that experience a major disaster are out of business within five years, because only 25% of companies have a disaster plan. This article provides guidance as to how your law firm can plan for disaster.
Strategies for Coping with Recession
Joel A. Rose
This article describes several strategies that a managing partner should consider when developing a plan to survive a recession.
Features
Real Estate Minority Interest Discounts in Divorce Cases
Paul L. Feinstein
Matrimonial attorneys are all familiar with the concept of minority interests in closely held businesses, but there is not that much litigation in divorce cases concerning real estate, in which a litigating party owns less than a 50% share. Often, the same valuation theories that apply to corporations apply to real estate interests. Moreover, a creative use of those theories can help your client greatly.
Features
The Failure of Peer Review
David A. Martindale
&
Jonathan Gould
In this article on peer review, the authors hope to create for the reader a healthy skepticism about the process, and shed light on assumptions that they believe are often made by colleagues, attorneys and judges about the academic rigor and scientific integrity of the endeavor.
Post-Dissolution Disputes Involving Neglected Assets and Liabilities
Laura Sell
&
Janay Fergusson
There is a sense of finality when the dissolution decree is entered with the court. Those who practice a steady diet of family law realize, however, that entry of the decree means the divorce process is over for the client, but the attorney is not yet done with the case.
Features
Medical Battery
Janice G. Inman
Medical battery is generally defined as a touching that the patient has not consented to. This occurs when the care provider steps far outside the agreed-upon scope of treatment or, more infrequently, omits to obtain any consent to treatment at all. The New Jersey Supreme Court defined the concept in <i>Perna v. Pirozzi</i>: 'If the claim is characterized as a failure to obtain informed consent, the operation may constitute an act of medical malpractice; if, however, it is viewed as a failure to obtain any consent, it is better classified as a battery.'
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 ›
- Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the OfficeA trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.Read More ›
- The 'Friendly Fraud' ChargebackThe abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.Read More ›