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Features
After broaching the issue in a nonprecedential opinion released last summer, the U.S. Court of Appeals for the Third Circuit suggested during arguments on Oct. 21 that it might soon answer definitively whether the catalyst theory for recovering attorney fees applies in ERISA cases.
Columns & Departments
In a recent decision subject to multiple flaws, the United States District Court for the District of Massachusetts refused to dismiss a suit against the manufacturer of an investigational drug and medical device used in a clinical trial based on the allegedly inadequate warnings the clinical trial investigator provided to patients in obtaining their informed consent to the trial.
In New Jersey, the AOM Statute, although reducing the number of medical malpractice lawsuits filed overall, has created virtually as much litigation by way of motion practice and appellate practice; these make up for the reduced number of lawsuits.
Features
In recent years, as client fee pressure has increased and client loyalty has decreased, law firms are investing significant time and money in business development programs. Some partners receive training to dust off selling skills that were largely unnecessary during a time of plenty. Other partners receive training, then individualized coaching, then more training, then more coaching, in an often-futile attempt to turn everyone into a capable rainmaker.
Features
Counsel, directors and managers of multinational companies that have corporate compliance programs and codes of conduct in place may think the company has done all it can to reduce the risks posed by potential corrupt employee actions. But these things may not go far enough.
It is not uncommon for forensic child custody evaluations (CCEs) to include detailed interviews with children that focus, to some extent, on alleged events in a family that may be relevant to a best interests determination. Unfortunately, not all child interviews are created equal, and a biased or unskilled evaluator can shape or distort a child's recollection of family history by violating basic principles for maximizing reliability in child reports.
Features
The practice of employers forcing current employees (applying for new positions internally) or prospective employees to obtain and disclose the results of a data access request from the police is now a criminal offense in the UK as of Dec. 1, 2014.
A federal jury in Newark ordered Robert Fusari, a record producer credited with launching the career of Lady Gaga, to pay $7.3 million to a songwriter who claimed she brought the two together.
We know the consumer-industry stories of hackers infiltrating Target and, more recently, Home Depot. "Here's the thing about breaking into a multi-billion-dollar company and stealing the credit card information of millions of customers: It's just not that hard." -- Mashable.com