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Assumptions Can Kill You

Bruce Heintz

Shouldn't we be more deliberate and questioning about the assumptions we make about clients ' in order to ensure that we don't end up with self-inflicted client relations issues? An in-depth discussion.

Features

Medical Monitoring: A Recent Ruling in New York

Diane Fleming Averell & Pamela R. Kaplan

When a patient takes a medication that does not at first appear to harm him but that could cause later-developing consequences, or when a medical error is made that causes no immediately measurable harm but that could lead to future injury, is a medical monitoring remedy available? The following article discusses one state high court's recent analysis of the issue.

Columns & Departments

Court Watch

Cynthia M. Klaus & Susan E. Tegt

Franchisor's Control over System Uniformity Insufficient to Show Vicarious Liability <br>Printed Names Without Signatures Satisfy Requirement That Personal Guaranty Be Signed

Columns & Departments

Med Mal News

ALM Staff & Law Journal Newsletters

Analysis of recent news of interest to you and your practice.

Features

Practice Management Takes Hold in Smaller and Mid-Size Firms

Joel A. Rose

Even though lawyer management in most mid-size firms recognize the importance of developing and implementing principles of practice management as a means to insure the high quality service to clients and to improve profitability, the extent to which practice management may be implemented varies greatly from firm to firm.

The Statute of Limitations and the Mentally Incapacitated Plaintiff

Robert E. Spitzer

Statutes of limitations are intended to protect defendants from unexpected enforcement of stale claims by plaintiffs who fail to use reasonable diligence in prosecuting their claims. However, the effects of statutes of limitations have exceptions, primarily based on equitable considerations.

Columns & Departments

NJ & CT News

ALM Staff & Law Journal Newsletters

A look at what's happening in neighboring states.

Features

Adopting an Adult

Laurence J. Cutler & Carly DiFrancisco

This article focuses on one of the nuances of adoption law that is becoming increasingly relevant in the United States, the adoption of adults.

Insufficient Proof for Application of the Special Facts Rule

Maureen Liccione

In <I>Rocky Point Drive-in v. Town of Brookhaven</I>, the Court of Appeals affirmed the long-established rule that where a zoning law is amended after the submission of an application for land use approval, but before a decision is rendered on the application, the courts are bound to apply the amended law.

Measuring Firm Quality With Client Value Initiatives

Vince Cordo

When it comes to competitive pricing, both clients and law firms are more and more focused on quality. That sounds good, but how can quality best be represented in actual metrics?

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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