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Columns & Departments
Several major rulings are analyzed and discussed in depth.
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. .
Features
If business English ' essentially masculine English ' is the language of power and dominance, the language spoken at the table by those who have won a seat at the table, Feminenglish is the language of deference to power. How does this affect your firm?
Features
Is financing or leasing drones a flight of fancy or a real business opportunity for lenders and lessors? In this article, we show that, properly structured, opportunities for financing and leasing commercial drones exist today, but will grow rapidly in the foreseeable future for lenders and lessors ("financiers") as the drone industry produces ever more sophisticated equipment and services.
Features
Electronic discovery is an ever-changing part of the legal profession. Just when lawyers and their clients feel as though they've mastered the discovery of digital evidence, the rules change or technological advances make e-discovery an even greater challenge.
Features
During the past 30 years, corporate legal departments made the move from paper case files, word processing documents, and Excel spreadsheets to what is now the industry standard: enterprise legal management (ELM). This article offers a primer about the primary components of ELM, its cost savings, its benefits, and the relationship between corporate IT and legal departments.
Features
2016 is in full swing and we will soon be conducting the 2016 Mattern & Associates Cost Recovery Survey. We've been conducting this bi-annual survey since 2004 and, during that time, it has become an industry resource for tracking the cost recovery practices of law firms across size and geography.
