The <i>Chandler</i> Decision: What It Means
In March, the United States Supreme Court issued a decision in a False Claims Act case that has been closely watched by public and private entities alike. <i>See Cook County v. United States ex rel.</i> Chandler, 123 S. Ct. 1239 (2003). This article is intended to put that decision in perspective, to help readers understand what Chandler actually holds, and to reflect upon the future of False Claims Act litigation in the wake of Chandler and other recent Supreme Court decisions on punitive damages.
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Know Your Billing Software!
Attorneys in larger firms don't have to worry if the bills get out the door each month, if suppliers are paid on time, or if the general ledger is balanced. The administrator and "back office" staff take care of this.
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Decisions of Interest
Recent rulings of importance to you and your practice.
Finding Fault
One of the most difficult aspects of family law practice is dealing with a client who believes he or she has been wronged by the other spouse — and expects the legal system to respond in a punitive manner.
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Separating and Reconciling: What Happens Next?
As matrimonial practitioners, the following scenario has confronted many of us: The parties enter into a separation agreement, duly executed and acknowledged, but do not proceed immediately to a divorce. After a futile attempt at reconciliation — during which the parties may have resumed a sexual relationship — an action is brought for a conversion divorce.
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Challenging the Forensic Psychiatrist's Report
Some courts have indicated a willingness to reject the recommendation of neutral forensic experts, weighing the evidence on their own to make a custody determination.
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John Gaal's Ethics Corner
Your ethics questions answered by the expert.
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Smoking Ban: State Follows NYC
With surprising alacrity, the New York State Legislature followed the lead of the New York City Council by banning smoking in all respects in the workplace, and went further by eliminating some of the few exceptions present in the City law applicable to restaurants and bars. Governor George Pataki signed the bill within hours of receiving it from the Legislature. The new law, which takes effect in late July, is one of the strictest state smoking bans in the country.
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Decisions of Interest
Recent rulings of importance to you and your practice.
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Protecting Trade Secrets: The Inevitable Disclosure Doctrine
When a former executive accepts a position with a competitor, how does the original company protect its trade secrets? One method is to invoke the doctrine of inevitable disclosure, which prohibits a former executive from competing when he or she cannot help but disclose or use the former employer's trade secrets to do so. Divulging these secrets, of course, would be in violation of the executive's continuing fiduciary duty to his or her former employer.
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