Last month, we discussed a recent case in which CA's high court was asked to determine whether a lawsuit was properly pleaded as one for common law negligence, rather than medical malpractice. The answer was crucial to the parties, as it would determine whether the case could go to trial or must be dismissed. The article concludes herein with a look at a similar TN case.
- September 01, 2016Janice G. Inman
Prevention of the disintegration of families is such an important goal that judges, traditionally cautious, practical and careful, can be enlisted to actively try to reverse the effects of a family's crisis. When it appears that a child has been alienated from a parent, or soon will be, the necessity for judicial action is especially powerful.
September 01, 2016Elliot J. Wiener and Bernice H. SchaulWithin the first week of its release, the enhanced-reality game Pok'mon Go garnered 21 million users in the United States alone. The location-based game received praise for getting people out of the house and harsh criticism as a nuisance and for its role in accidents. Among the litany of legal issues the game raises is whether players can hold the game developers at Niantic liable if they walk off cliffs, crash their cars, illegally cross the border or happen upon a land mine.
September 01, 2016Brian S. Kabateck and Natalie S. PangIn preparation for the effectiveness of the crowdfunding rules, the SEC has issued a bulletin that serves as a guide for companies and investors, whose activities will be covered by Regulation Crowdfunding (the bulletin). This article summarizes the practical terms of the crowdfunding rules and the bulletin.
September 01, 2016Katayun I. Jaffari and Kimberly W. KlaymanIn a surprise decision, the Seventh Circuit declined to follow the "plain meaning" approach adopted by other circuit courts, and rejected an opportunity to expand the safe-harbor protections afforded by Bankruptcy Code section 546(e) to protect "securities transactions" in the private market.
September 01, 2016Sheryl P. GiuglianoA roundup of the latest legislation that affects equipment leasing.
September 01, 2016Robert W. IhneMaybe you represent a secured lender. Perhaps you represent a Chapter 11 debtor selling its assets under ' 363, or maybe you are a federal equity receiver, an assignee for the benefit of creditors, or maybe a state court receiver who is selling a company's assets pursuant to state law. Where do you post the information?
September 01, 2016Christopher M. Cahill and Jonathan P. FriedlandThese days, productive lawyering, successful onboarding of lateral hires, and effective Legal Project Management (LPM) all place a huge premium on effective collaboration. But lawyers are neither naturally collaborative nor comfortable as team players.
September 01, 2016Pamela WoldowAlthough attorneys are rapidly becoming familiar with structuring digital data requests and responding to those requests in a way that is thorough, but reasonable, most attorneys feel at sea in the e-discovery ethics arena.
September 01, 2016Jonathan Bick

