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Recently, there has been a great deal of press, as well as litigation, involving two things: so-called "overlapping surgery," and requests by patients to record their encounters with their physicians and with their surgical procedures. Many years ago, a world-famous cardiac surgeon, at least anecdotally, did both things.
Features
There have been four waves of change over the last 50 years. We are now entering the fifth wave and this one will be a tsunami. The lawyers who do not recognize the trends will not be able to enter a new era and survive. The fifth wave will turn partnership leverage, compensation systems and the business model upside down. There is not much time to make the incremental changes that will support sustained profitability in law firms.
Features
Directors and officers of a corporation are fiduciaries to the corporation and its shareholders, and are generally required to exercise the duties of care and loyalty with every corporate action. Delaware courts have long led the development of the parameters of these duties, which arise from statutes and vary from state to state.
With well-publicized SEC settlements now routinely tipping into the tens of millions of dollars, the monetary rewards to a successful tipster might be huge. The Dodd-Frank Act called those tipsters "Whistleblowers," and the SEC's official Whistleblower program opened for business in August 2011. Here's what has happened since.
Third Circuit Affirms Denial of Injunctive Relief to Franchisor, Concluding Concessions of Counsel Disproved Irreparable Harm<br>Fifth Circuit Issues Cautionary Note to Franchisees That Plead Their Claims Haphazardly
Columns & Departments
In-depth analysis of a case involving a deceased patient's medical records.
Features
A series of three verdicts for plaintiffs, the most recent in December 2015, may present significant litigation issues for Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals. The suits were all based upon claims that the manufacturer failed to provide adequate warnings regarding Risperdal gynecomastia ' a condition that involves abnormally enlarged male breast tissue, especially among adolescent boys.
Features
The Equipment Leasing & Finance Foundation (ELFA) has released its Q2 update to the 2016 Equipment Leasing & Finance U.S. Economic Outlook, which lowered its yearly equipment and software investment forecast to 2.7%, down from 4.4% growth forecast in its 2016 Annual Outlook released in December 2015.
Features
Law firms, companies and other entities need to be on guard for an increasingly frequent, sophisticated online fraud that uses "spoofed" e-mails.
'Broadband Internet access service" (BIAS) is the essential conduit for the conduct of our daily personal and private lives, without which all Internet activity comes to a stop. Because BIAS is largely invisible, Rarely do we consider that ISPs that provide BIAS to consumers have extraordinarily broad access "to very sensitive and very personal information." The FCC has adopted a NPRM that proposes to establish privacy guidelines applicable to ISPs.