Employee Departures and Data Loss
There are numerous ways to lose or fail to identify employee electronically stored information that could reasonably be relevant to litigation or a subpoena, and it seems that new sources appear regularly.
Features
Surviving the Medical Malpractice Claim
When a doctor or other health care provider learns that he or she is the subject of a medical malpractice suit, one of the first things the defendant will want to do is find the most top-flight legal representation possible. But how can the physician know which defense attorney is the right one for the case?
Features
SEC Narrowly Adopts Money Market Fund Reforms
Years of debate between regulators and the securities industry dating back to the financial crisis came to an end on July 23 when the SEC narrowly approved rules aimed at lessening the risk of investor runs on money market funds.
Columns & Departments
Drug & Device News
Analysis of several major cases.
Features
Protective Orders
When a person is contemplating obtaining a civil protection order barring a spouse or other family member from making contact with him or her, that person has relative control over the situation: But how much say does the victim have when a protective order is issued in his or her favor as part of a criminal proceeding?
Features
In the Spotlight: Use It or Lose It!
Can a landlord who fails to collect rental payment increases recover the unpaid amounts years after such amounts should have been due, or even after the expiration of the lease, despite the fact that the landlord failed to seek such payments throughout the term of the lease?
<b><i>Practice Tip:</b></i>Divorce: The Silver Lining
Divorce rates are on the rise as the U.S. economy slowly improves and rebounds from the recession. While some may view a rise in divorce as a negative statistic, there is a positive corresponding impact: Separating couples actually help further improve the economy. This applies not only to divorce lawyers' bottom line, but also to the real estate and consumer markets and our labor force.
Features
Imputed Income: A Look at What Courts Find Persuasive
In determining spousal maintenance and child support awards, historical and current income do not provide the full picture and, alone, cannot form the basis for support awards. In those cases, courts have the discretion to impute income to one or both of the parties.
Columns & Departments
NJ & CT News
A look at what's happening in neighboring states.
Features
Anti-Waiver Arguments and Enforcement of Forum-Selection Clauses
Anti-waiver provisions in state franchise acts have traditionally been used to trump the venue designated in the franchise agreement and to successfully transfer venue to the franchisee's home state. However, a recent decision from the U.S. District Court for the Eastern District of Michigan has added weight to a small but growing body of cases enforcing forum-selection clauses against franchisees that operate in states with franchise acts containing anti-waiver provisions.
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