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.
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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.
Features
SOX Prohibition on Loans to Officers and Directors
On March 4, 2013, the SEC issued a no-action letter in response to a request for interpretive guidance regarding the applicability of Section 402 to a program that would allow directors and executive officers to obtain credit utilizing equity grants made by a public company issuer. Here's what this means.
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