Features
Electronic Health Records
While EHRs are here to stay, what are the benefits and risks of this product? Do they create more or less legal liability for medical providers?
Features
Leadership Mistakes
Most law firm leaders have not figured out that this assignment is not about them. It is about the people they are in a position to serve. And, because they just don't realize this, they make mistakes.
Features
Insurance Coverage In Trademark Disputes
On Aug. 20, 2014, summary judgment was granted to the plaintiff insurance company, upholding its denial of coverage to indemnify judgments in two trademark counterfeiting cases. <i>United States Fidelity & Guarantee v. Ashley Reed Trading.</i> The opinion provides insight to trademark practitioners about insurance coverage and provides information about strategies for trademark owners' enforcement efforts.
Features
Equity Joint Ventures
When a client seeks representation on an equity joint venture, there are eight primary structural considerations that provide the framework for documenting the venture: 1) initial capital contributions; 2) future capital needs; 3) cash distribution waterfall; 4) governance; 5) transfers; 6) exit rights; 7) restrictive covenants; and 8) affiliate transactions.
Do We Need #consent?
While numerous companies now maintain an active presence on Twitter, the extent to which brands can lawfully interact with other Twitter users for advertising and similar commercial purposes is still not yet clearly defined and, consequently, the legal risk associated with each tweet is not always properly weighed before a promotional social media campaign is launched.
Strategic Contract Management to Maximize Net Revenue
Strategic contract management and the deployment of the right supporting technology can mitigate issues and help organizations extract maximum value from their contracts.
Features
Litigant Preparation by Mental Health Professionals
There are both tactical and ethical reasons to refrain from having litigants prepared for evaluations by forensic mental health consultants. Here's why.
Features
How One Firm Tracked an Oligarch and Billions in Fraud
For five years, a team at international law firm Hogan Lovells tracked the wild financial peregrinations of a Kazakh oligarch suspected of running a $10 billion fraud. But this is more than a cloak-and-dagger story.
Features
Going Digital ' With Signatures
ALM research indicates that 52% of surveyed corporate counsel and small, medium and large firms are either already using an electronic signature solution or plan to implement one in the next 12 months.
Features
Social Media Invades and Modernizes Employment Practices
While there are not currently any laws in the United States forbidding employers from gleaning information from social media ' whether during the hiring process or at any point in the employment relationship ' improper use can get them into trouble.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›