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.
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