Want to Assure Your Firm's Future? Plan for Disaster
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
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
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.
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The Failure of Peer Review
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
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.
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Medical Battery
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.'
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