Features
Relearning the Learned Intermediary Doctrine
Courts in nearly every state have embraced some form of the "learned intermediary doctrine," which provides that a prescription drug manufacturer satisfies its duty to warn so long as it provides an adequate warning of the drug's potential risks to the plaintiff's prescribing doctor.
Features
The Team Approach to Divorce
How does the professional-team approach work in the collaborative process, and can attorneys who primarily litigate employ aspects of this approach to help settle their family law cases?
Custody of Pets
Custody involves the well-being of children, and the physical and emotional bond they share with their parents. However, what do you do when parties have pets that they consider to be tantamount to children?
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Matrimonial Planning and the 2012 Tax Act
Overview of the impact of American Taxpayer Relief Act of 2012 (ATRA) on matrimonial matters.
Features
The 'Losing' Side of Legal Business Trends
Although happening slowly, project management and process improvement efforts are gradually improving the efficiency of U.S. legal practice, off-setting whatever demand growth the economy would otherwise have produced.
At the Intersection: Lawyer Assessment and Client Development
The profound changes in today's legal landscape suggest that it's time to reevaluate the utility of tools that objectively describe the operative style factors that affect lawyer success and lawyer-client business relationships.
Features
Restrictive Covenants and Partnership Agreements
This article examines the ethics of common partnership restrictive covenants, and suggests ways for firms to ethically protect the firm's interests.
Features
Judicial Scrutiny of Other Insurance Clauses
When overlapping primary liability policies contain different "other insurance" clauses, approaches vary by jurisdiction and degrees of intellectual rigor.
Features
Insurance Claims for Solar Panel Defects
Recent reports of a quality crisis in the solar panel industry, following years of exploding growth and intense price pressure, have raised the specter of a wave of litigation.
Features
A Lesson from the Snowden Manhunt
A sobering lesson to everyone who makes a certification to the government: the importance of background checks.
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- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Current Issues In Enforcing Judgments Against LLCsWhen a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
