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Features

The Famous Dr. DeBakey and His Two Controversial Practices Image

The Famous Dr. DeBakey and His Two Controversial Practices

Edward D. McCarthy

As we noted last month, cardiac surgeon Michael DeBakey performed "overlapping surgeries," in which he moved from one operating room to another; and 2) He filmed many, if not all, of his procedures. Both of these practices have potential to impact the outcome of a medical malpractice claim.

Constitutional Rights and the Expert Opinions Addressing Parental Access and Decision-Making Image

Constitutional Rights and the Expert Opinions Addressing Parental Access and Decision-Making

Jonathan Gould, Allan Mayefsky & Peter Stambleck

Frequently, evaluators will offer expert opinions to the court to limit a parent's access to his or her children. The authors claim that many evaluators do not adequately consider the profound constitutional issues involved in such recommendations, and routinely offer opinions that have little support in the underlying data from which such recommendations and opinions are based.

Features

Patent Venue Rule Remains the Same ' For Now Image

Patent Venue Rule Remains the Same ' For Now

Harvey S. Kauget & Ryan M. Corbett

Outside of the patent litigation world, most people have probably never heard of Marshall, TX. However, patent litigants often find themselves defending patent infringement suits in Marshall and other remote locations, even though the litigant has virtually no connection to that jurisdiction.

Joint Employment and the Contingent Worker Image

Joint Employment and the Contingent Worker

Robert G. Brody & Katherine M. Bogard

Many companies are staffing through non-traditional arrangements. Many of these contingent arrangements result in third parties. These arrangements generally allow the putative joint employer to minimize or even avoid functions such as recruiting, screening, hiring, paying workers, and complying with labor and employment laws. This avoidance, however, often comes with significant risks.

Features

FCC's Proposed Data Privacy and Security Rulemaking for Broadband Internet Access Providers Image

FCC's Proposed Data Privacy and Security Rulemaking for Broadband Internet Access Providers

Alan Friel & Suchi Pahi

In 2015, the FCC issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs).

Features

Safe Harbor Defense Bars Creditors' State Law Fraudulent Transfer Claims Image

Safe Harbor Defense Bars Creditors' State Law Fraudulent Transfer Claims

Michael L. Cook

Creditors of a Chapter 11 debtor asserting "state law, constructive fraudulent [transfer] claims ' are preempted by Bankruptcy Code Section 546(e)," held the U.S. Court of Appeals for the Second Circuit on March 29, 2016.

Features

Lessons from My Dad Image

Lessons from My Dad

David McCann

The author learned a great many lessons from his late father. In this article, he mentions several things that have helped him considerably throughout his professional marketing career, and that he frequently passes along to others at various stages of their professional development.

Features

The Tyson Foods Ruling Image

The Tyson Foods Ruling

Pablo Orozco

The Supreme Court's recent decision in <I>Bouaphakeo v. Tyson Foods</I> was decidedly not the sweeping ruling many practitioners anticipated. Nevertheless, the decision provided useful guidance for class-action litigants regarding the proper use of representative evidence.

Columns & Departments

Case Notes Image

Case Notes

What happens to a tenant's right to retrieve or be compensated for trade fixtures when a landlord's property is taken by a government entity through eminent domain? A look at a recent case.

Embracing Culture As a Path to Survival Image

Embracing Culture As a Path to Survival

Silvia L. Coulter

Regardless of how technology continues to help the legal industry reinvent itself from a mature industry to a young and thriving one, culture and people will remain a key driver of any firm's long-term success. As a strategic imperative, creating a constructive culture of success takes much more than words with no actions. .

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