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Features

Admissibility of Custom and Practice Evidence in Medical Malpractice Cases Image

Admissibility of Custom and Practice Evidence in Medical Malpractice Cases

Alan W. Clark

Can evidence of a health care provider's custom and practice be admissible as habit evidence to prove a fact in malpractice cases? Can such evidence be proof in support of or against the standard of care sufficient to support or oppose a motion for summary judgment for or against a party?

Features

House Proposes Tax Reform Plan Image

House Proposes Tax Reform Plan

Lawrence L. Bell

In an attempt to raise revenues and simplify the tax code, the House Ways and Means Committee has proposed a draft tax reform plan containing sweeping changes to the Internal Revenue Code (the Code), including a number of major executive compensation and benefits changes. The most significant of those could be the elimination of deferred compensation and nonqualified pensions.

Using Building Blocks to Jumpstart Your Documents In Word 2013 Image

Using Building Blocks to Jumpstart Your Documents In Word 2013

Jeffrey Roach

Microsoft Word 2013 has some fantastic tools that will allow you to speed up document production and remove some of the manual labor around creating documents by using pre-formatted blocks of text. One of the features that makes all of this magic possible is called Building Blocks, and they are pretty terrific.

The 2015 Employer Mandate Is Here Image

The 2015 Employer Mandate Is Here

Jennifer S. Kiesewetter

The year 2015 is here and so is the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice.

Features

Post-Divorce Cash Flow and Financial Workability Image

Post-Divorce Cash Flow and Financial Workability

Carl M. Palatnik

Once a stipulation of settlement is entered into or a divorce has been finalized, courts are reluctant to change the terms. If a client complains that he or she was uninformed, made a poor financial decision, or did not properly handle the assets post-divorce, the likelihood of modification or reformation is, at best, slim.

Features

You First: Manufacturing, IP, and the Coming 3D Printing Disruption Image

You First: Manufacturing, IP, and the Coming 3D Printing Disruption

Bryan J. Vogel

Like it or not, the manufacturing industry looks like it will be first in line to feel the potential transformative impact of 3D printing or additive manufacturing. At the same time, changes in intellectual property (IP) law unrelated to 3D printing will impact the disruption in manufacturing.

Features

Process Is the Key To Success When Applying Legal Technology To Discovery Image

Process Is the Key To Success When Applying Legal Technology To Discovery

Benjamin Beck & Tobin Dietrich

The litigation industry is awash with technology. According to consulting firm Gartner, law firms, corporations and service providers spent almost $2 billion in 2014 buying or licensing e-discovery software, almost none of which existed just 10 years ago. Why? The primary driver has been the explosion in the amount and variety of discoverable data in the world.

Features

How to Obtain Social Media Data for Defending Lawsuits Image

How to Obtain Social Media Data for Defending Lawsuits

Emily T. Acosta & Eric P. Conn

Obtaining social media user content under most circumstances is extremely difficult unless you use the correct strategy. It is pivotal that a practitioner understands how each site stores and communicates its data. Armed with information, the informed attorney may well reap huge rewards when engaging in digital discovery.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Blurred Lines" Post-Verdict Posturing<br>Hey 19, New York Judge Says in Streaming Royalties Dispute<br>Magistrate Changes Mind in Twitter Subpoena Controversy

Features

Product Warnings Litigation: Fixing What's Wrong Image

Product Warnings Litigation: Fixing What's Wrong

Michael Hoenig

A law review article by professors Aaron D. Twerski and James A. Henderson Jr. merits serious attention by the bench and litigation bar. Provocatively titled "Fixing Failure to Warn," the article once again reveals serious ills in the current system of warnings litigation.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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