Columns & Departments
Med Mal News
A look at several recent news items.
Features
Foreseeable Harm to Third Parties Keeps Claim Against Drug Makers Alive
Alabama's Supreme Court in January rendered a potentially far-reaching decision in a case pitting a consumer against drug manufacturers. While its holding applies only to cases brought in Alabama, the court's decision may lead to that state's becoming the preferred forum for certain types of drug litigation:
Features
Informed Consent and Res Ipsa Loquitur
Two concepts that are mainstays of the medical malpractice arena are: 1) lack of informed consent; and 2) <I>res ipsa loquitu</I>r. Some plaintiffs may attempt to pursue these two theories in the same case. Is either of them ripe for dismissal?
Features
The New Estate-Planning Environment
Two recent events have dramatically changed the face of estate planning and each will have a significant impact on divorces for years ' likely decades ' in the future. This article explores each of these two factors.
Features
The Supreme Court Hears Arguments on Proposition 8 and DOMA
Questions posed by the Supreme Court may portend rulings not on the merits.
Features
Nursing Home Arbitration Provisions
What is the enforceability of nursing home arbitration clauses? A look at federal and state rulings.
Features
Reverse Triangular Mergers
Contracts may represent the most important assets of a corporation. The counterparties to those contracts, wary of changes in the identity of the corporation that could follow an M&A transaction, usually seek to restrict those changes by negotiating anti-assignment clauses.
Features
LegalVIEW Data Shows Litigation Up, Legal Spend Down
The two hottest litigation areas these days are wage-and-hour and regulatory/compliance cases. But that isn't translating into more legal spending by corporate law departments.
Features
The Final Countdown
The year 2014 ushers in the most significant changes to date: the implementation of Health Benefit Exchanges (Exchanges) and employer "shared responsibility" provisions. Here's what you need do now.
Features
The EEOC's Strategic Enforcement Plan
For General Counsel looking for a cost-effective way to reduce risk and to stay off the EEOC's radar, knowing what the EEOC's national priorities are and conducting a self-audit in these six areas is a good start.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Redefining Attorney-Client Collaboration with Technology That Delivers Greater ValueIf savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›