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Features
Many brilliant attorneys struggle to attract clients despite their well-developed strategic and winning legal skills. Most likely, they have either resisted or simply don't know how to "get the word out" about the availability and quality of their services.
There has been a long history of judicial analysis of what gives rise to standing to challenge a land-use approval. The interplay between the State Environmental Quality Review Act (SEQRA) and the vast majority of land use approvals has given rise to a number of cases applying and modifying the standing test in the context of SEQRA.
Creating the illusion of an independent "second opinion," insurance companies involved in personal injury lawsuits frequently contract with vendors to provide "records reviews," "peer reviews" or "paper reviews." In the authors' view, these opinions are far from objective.
Features
On Feb. 2, 2016, the U.S. Department of Commerce and European Commission unveiled a new framework for personal data transfers from European Union (EU) Member States to the U.S. The new framework ' dubbed the EU-U.S. Privacy Shield ' will replace the EU-U.S. Safe Harbor program, which was invalidated by the European Court of Justice (ECJ) in 2015.
Features
Consent-to-settle provisions in medical malpractice insurance policies present challenging issues to insurers, defense attorneys and policyholders in the context of defending professional liability claims. Most liability insurance policies cede the ultimate discretion over settlement decisions to the insurer. Medical malpractice policies are outliers from the norm in the insurance industry.
Features
Recently, the Second Circuit held that expert testimony regarding how a "specialized securities market" operated was relevant and potentially "highly" probative of the question of whether the defendant's misstatements to investors were material. Because juries are tasked with determining materiality, the notion that experts can opine on overarching industry practice that is not case-specific appears surprising.
Features
One of the more significant changes to Chapter 11 practice has been the use of section 363 to sell the assets of a debtor, prior to confirmation of a plan, as a means to restructure and maximize value. This transactional use of the Bankruptcy Code has, by necessity, changed how cases are administered.
Features
A myth has surfaced over the past few years that federal drug law preempts product liability suits against generic drug companies, but not brand-name manufacturers. This myth stems from an over-simplification of three U.S. Supreme Court cases. .