Features
Around the Firms
After 3 months of talks, Boston-based Ropes & Gray and New York intellectual property firm Fish & Neave have decided to join forces.
Features
Managing Unfunded Partner Retirement Plans: Now's The Time To Consider Alternatives
Partnerships often provide supplemental retirement benefits to their partners. These plans were established many years ago, and in many cases, do not achieve many of the business objectives for the modern law firm. <br>This article will cover the origins and objectives of these programs and assess their modern day relevance. The article will discuss prominent current objectives a firm might have with respect to retiring partners, identify HR solutions to meet them, and suggest change management strategies to manage their unfunded retirement plans to satisfy both younger and older members of the firm.
Lessons In Leadership
Law firms are a natural breeding ground for developing strong, effective leaders. Most often though, when selecting an attorney to assume leadership responsibilities for their practice group, office or as managing partner, the nod goes to the most financially successful attorney who has established a baseline of trust as a knowledge-based expert with clients. Is it any wonder that when these very successful attorneys who are superb at maintaining client relationships by keeping their nose to the grindstone and practicing law without interference from the firm, often stumble when thrown into leadership roles where expectations dramatically shift to the care and feeding of others within the firm?
Law Firm Performance 2004 ' Highlights
For the industry as a whole, the economic performance of law firms in 2004 was quite good. Indeed, given the overall state of the national economy and the dire early predictions of some pundits, the performance of the industry was remarkable. Much of this positive performance was, of course, attributable to the continuing strength of litigation practices as well as, to a lesser extent, bankruptcy and reorganization activity.
Med Mal News
The latest news of interest to you and your practice.
Expert Witnesses Disciplined By Their Own Ranks
Increasingly, expert witnesses' opinions are subject to the scrutiny of the professional organizations to which they belong. This scrutiny can act as a check on their proffered expert testimony. The requirements of admissibility of expert opinion at trial have long been subject to the requirements of <i>Daubert v. Merrill Dow Pharmaceutical Inc.</i>, 509 U.S. 579 (1993), and after admission, the opinions are often second-guessed by an unhappy client in a subsequent lawsuit, as in LLMD of <i>Michigan v. Jackson-Cross Co.</i>, 740 A.2d 186 (Pa. 1999). Now we're finding that the further review of these same opinions by the expert's own specialty professional organization is being used increasingly as a new strategy of attack by the expert's unhappy opponents.
Features
Physician Apologies for Medical Errors
The Associated Press has reported that medical students and physicians are now being taught that an open acknowledgment of regret for medical errors, even an apology, may help doctors avoid malpractice lawsuits. In Illinois, malpractice reform legislation includes a concept known as "Sorry Works," recommending that an apology be offered when mistakes are made or untoward results occur. Within the overall context of medical malpractice risk management, a recent evolution in dispute resolution philosophy suggests that direct, forthright communications between physician and patient may reduce the risk of future litigation.
Features
Genetic Testing Doctors' Liability Grows As Tests Become Widely Used
Court rulings across the country are showing that the increased use of genetic testing has substantially expanded physicians' liability for failure to counsel patients about hereditary disorders. In recent years courts in Minnesota, North Carolina, Massachusetts, New Jersey, Utah, Michigan, New York, Ohio, Georgia, Pennsylvania and Virginia have ruled on medical malpractice cases stemming from genetic testing issues. Decisions issued in those courts have tried to carve out rules on when physicians have a duty to relay information gleaned from genetic testing.
Features
Mild Traumatic Brain Injuries Pose Different Set of Rules
Part Two of a Two-Part Article. In last month's newsletter, we looked at the symptoms of traumatic brain injury (TBI) and the incentives plaintiffs who claim such injuries may have to exaggerate their symptoms. In this month's conclusion, we see how forensic experts test for and detect this type of fraud on defendants and their insurers.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- 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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›