Features
The Media
Despite the evidence of downward trends in U.S. litigation numbers, when the media makes comments on the tort system, such as in editorials, it is almost exclusively critical of "the system.
Features
Communications @ Risk
An in-depth discussion of the pros and cons of physician/patient electronic communications.
Avoidable vs. Unavoidable Pressure Ulcers: A Summary of the Federal Regulations
Attorneys' knowledge of the federal regulations and interpretive guidelines aids in determining whether medical personnel properly monitored a patient and intervened to revise the patient's care plan in response to a developing problem..
Features
The 'Culpable Conduct' Defense
Blameworthy conduct by the plaintiff in a med mal action can take the form of failing to follow medical advice, refusing or neglecting recommended treatment, or intentionally providing an incomplete or misleading medical history.
Columns & Departments
Verdicts
In-depth analysis of recent important cases.
Columns & Departments
Drug & Device News
A look at several rulings.
The Media
How often do we hear that "everybody sues" in the United States, and that there are "jackpot juries" handing out huge sums of money to undeserving plaintiffs? Is the media to blame for these skewed beliefs or is the media accurate in its portrayal of the tort system, especially the medical malpractice system?
Features
Suits Against Generic Pharm Manufacturers
What a recent Supreme Court decision does is to effectively immunize pharmaceutical generics manufacturers from state tort liability when they use FDA-approved labels for their products deemed equivalent to brand-name FDA-approved drugs.
Columns & Departments
Verdicts
An in-depth look at recent important rulings.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
