Features
Challenging Estate Plans
The year 2012 saw a deluge of trusts being formed to take advantage of what was perceived as the last opportunity to make large gift transfers before a possible decline in the exemption from $5 million to $1 million. The result of all of this should be the need to evaluate more trusts in more divorce cases in the future.
Columns & Departments
Case Notes
A bellwether bone loss drug case is settled.
Features
Navigating PubliclyTraded Securities When Soliciting a Chapter 11 Plan
Just because a company's stock is not publicly traded doesn't mean it doesn't have publicly traded debt. Churches, utilities, and hospitals are common types of debtors that issue debt, but many others do as well.
The Internet User's Duty of Care
The duty one Internet user has to another has changed, particularly with respect to cyber-security and privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.
Columns & Departments
Verdicts
Discussion of two recent important rulings.
Features
When Will the New European Data Laws Come In?
One of the most frequent questions that we have at the moment is about the timetable for Europe's changes to data protection laws. Needless to say, there is no definite answer. However, the path forward may recently have become just a little clearer.
Bit Parts
Film Production Company Loses Legal Malpractice Suit<br>"Iron Man Theme" Copyright "Owner" Settlement Doesn't Preclude Work-for-Hire Finding<br>No Federal Trademark Registration for "Slants" Band
Violation of the Anti-Kickback Statute (AKS)
TheUnited States Court of Appeals for the Seventh Circuit recently held that merely "authorizing" medically necessary services can constitute illegally "referring" patients under the AKS, if improper payments are made to the authorizing doctor.
Features
New Anti-Kickback Law 'Safe Harbors' Proposed
Certain types of incentive payments and business arrangements that would improve the quality of care and provide needed assistance to indigent patients could actually run afoul of the federal fraud and abuse laws, including the Anti-Kickback Statute (AKS) (42 U.S.C. ' 1320a-7b(b)), and potentially trigger their drastic penalties.
Columns & Departments
Med Mal News
Discussion of a case in which the Judge cleared up the intersection of MCARE and the Tort Claims Act.
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
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Professional Development: How to Be An Ally In the Legal ProfessionLast year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or a mindset. It is a verb.Read More ›
- Digital Dibs: Rival Views of Generative AI CopyrightsGAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape's framework by posing a simple question: Who authored the material? We'll explore how two countries are answering this question in different ways.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›