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Good PC migration software provides the ability to transfer all the applications, files and settings from your old computer to your new one regardless of the hardware configurations or operating systems of each. Rather than having to start from scratch when configuring a new computer, PC migration software speeds the process and provides the ability to transfer programs, files and settings from your old machine to your new one so the new computer looks, feels and functions just like that old clunker you were used to.
The public favors reducing jury awards in malpractice lawsuits and allowing drugs to be imported from Canada, but ranks them relatively low on a list of 12 health care priorities for President Bush and Congress to address this year, according to a new post-election survey conducted by the Kaiser Family Foundation and the Harvard School of Public Health.
Major shifts in clinical practice rarely evolve as quickly or dramatically as has occurred with the practice of offering a trial of labor to patients who have had a previous cesarean section. Vaginal birth after cesarean (VBAC) has become a relatively rare event in recent years. The popular press has addressed the issue as a matter of patient choice, while the obstetrical community has focused on safety -- both for the patient and for the health care providers. Medical malpractice liability has been cited as a reason for the decision by a number of hospitals in the United States to stop offering VBAC to its patients. If that is, in fact, one of the reasons for this move, it demonstrates the essential nature of our legal system as a check on the use of dangerous and unsupported clinical practices by our health care community.
As medical practitioners and the attorneys who defend (or sue) them have learned over the last few years, health care professionals are liable for wrongful disclosure of protected health care information under HIPAA and various state statutes. Lack of sophistication of the law in this area is no excuse for turning over medical records to unauthorized recipients, and appropriate statutory requirements must always be met. But it's not always easy to tell when those safeguards on patient privacy are paramount and when other considerations might trump them. A recent case offers an interesting permutation on the question by asking: When can law enforcement authorities access medical records without the patient's authorization? The wrong answer could leave the health care facility or provider that hands over patient records vulnerable to liability for unauthorized release.
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The decision by Chief Judge Stuart M. Bernstein of the United States Bankruptcy Court for the Southern District of New York in <i>In re Global Service Group LLC</i>, 316 B.R. 451 (Bankr. S.D.N.Y. 2004), provides a sense of relief not only for lenders, but also for various other participants in the bankruptcy arena who may face claims based on "deepening insolvency." This case is especially significant because it helps define the conduct that may subject a party to liability under an amorphous concept that is still evolving.
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When AMERCO, the parent company of U-Haul International, emerged from bankruptcy protection in March 2004, it secured an unusual place in history -- exiting Chapter 11 with a global capital restructuring that resulted in zero dilution in shareholder value. Alvarez & Marsal, which was retained as the company's financial advisors, executed one of the most successful restructurings on record by developing and implementing a complex and consensual plan that required significant negotiations with a diverse group of debt and equity holders. By the end of the swift process, AMERCO's common equity value had increased by over 350% and nearly $300 million in value was restored to the investments of preferred stock and unsecured debt holders.
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Last month, we discussed the fact that in theory, a borrower's issuance of junior secured debt is a boon for its senior secured lender. In practice, however, we pointed out that a senior secured lender should view proposed junior secured financing skeptically because the existence of such debt can become highly problematic for the senior lender. In Part Two, we continue our discussion, which focuses on additional elements and negotiating points that an inter-creditor agreement should contain.