Columns & Departments
Med Mal News
A look at recent news and litigation.
Features
Why Lawyers Need to Write Less Like Marshall and More Like MapQuest
Though we tend to think that good writing never changes, writing in many parts of the legal and business worlds has probably changed more in the last decade than in any comparable period over the last five centuries. Those who fail to adapt will pay the consequences.
Features
Failure-to-Detect Claims Against Dermopathologists
Last month, the author discussed a hypothetical medical malpractice case in which a dermopathologist midread a patient's pathology slide and then reported that no evidence of cancer was found. The discussion concludes herein.
Features
Evidence-Based Medicine in the Courtroom
The time has come for medical malpractice expert causation testimony to fall in line with that employed in toxic tort cases, rightfully valuing proven scientific conclusions over experience-based expert opinion.
Features
Who Should Be Partner in a Post-Recession Profession?
Partnerships are viable and sustainable only if there is a consistent and sufficient earnings stream to attract talent to the firm. This is accomplished when all timekeepers are personally productive and profitable.
Features
The Unforeseen Consequences of a Criminal Conviction
Even skilled criminal defense attorneys may unwittingly permit their clients to enter guilty pleas that could impair their client's medical license.
Features
Embrace Settlement Negotiations '
Is the non-admissibility of conversations that occur during settlement negotiations actually that immutable? The answer is, No.
Features
Maintenance: How Long Is Too Long?
In New York, usually the most important factor to consider when guessing at the ultimate award is this: Which judge will get the case?
Features
Divorce Funding
The value of Divorce Funding for anyone facing the daunting prospect of enormous legal fees is clear; it ensures that clients can afford to litigate if necessary.
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
- 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 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
