Features
The Famous Dr. DeBakey and His Two Controversial Practices
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
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
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
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
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
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
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
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
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
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. .
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Attachment and Perfection of Security InterestsThis article addresses common attachment and perfection problems raised in recent cases, and provides suggestions on how secured parties can avoid these pitfalls.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›