In the context of medical malpractice litigation, it is important for lawyers representing the injured patient and health care providers to understand the overall purpose of the Healthcare Quality and Improvement Act, as well as its limitations as far as patient safety work product is concerned.
Uncertainty and the drumbeat of a possible trade war are ominous clouds currently hanging over relations with Chinese investors, several of Hollywood's top deal-making attorneys say.
Web pages are a treasure-trove of useful information for companies that are able to capture it using Web crawling (or scraping) technology. Yet, for over 20 years, courts have struggled to draw the line between the usefulness of such information and the rights of the content owners and website operators from which that content is derived. Once a niche issue, the increased use of this technology has compounded the disputes related to it.
A common perception of today's legal services industry is that buyers of legal services have many more choices because legal services are disaggregating and unbundling. No longer are law firms the only option for clients with legal work; they now have a wider menu of providers from which to choose.
As has been the case for several months now, health care legislation has been front and center. However, the DOL has recently issued final regulations impacting health and welfare plans that will become law, and are not up for debate, as are other health care changes. Here's what you need to know.
If you are currently working with marketing vendors or are in the process of retaining one in the areas of branding/advertising, public relations, business development, social media, blogs, website/graphic design, SEO, events or any number of other functions, it is critical you understand how to maximize this invaluable resource.
Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?
First the copyright infringement case over the use of Abbott and Costello's "Who's on First" routine in a Broadway play was dismissed by a New York federal judge. Then it rounded the U.S. Court of Appeals for the Second Circuit, but was tagged out again. Now, in its third at bat, the lawsuit struck out with the U.S. Supreme Court declining to review the case.
On Dec. 16, 2016, the DOL published final regulations on disability benefits claims procedures for any group plans governed by ERISA that provide for disability benefits (the "Final Rule"). This Final Rule applies to any disability claims filed on or after Jan. 1, 2018, and will apply not only to health and welfare plans that provide for disability benefits, but also any qualified retirement plans that may offer disability benefits.
Part Three of a Three-Part Article
Last month, the author described two of his six tips for achieving success with Daubert motions. Here, he concludes by offering four more.
