Loss in Injury and Death Matters
Careful attention to all the elements of economic loss, and careful discovery on damages, is essential in ensuring a fair recovery that compensates the plaintiff for what was actually lost.
Features
Genes Linked to Breast, Ovarian Cancers Are Ruled Unpatentable
Two isolated genes closely associated with breast and ovarian cancer are unpatentable, a federal judge ruled in March. This article presents an analysis of the case.
Features
Courts Diverge on Ex-Parte Interviews Under HIPAA
There is, as yet, no consensus on whether defense counsel in medical malpractice proceedings have the right to interview plaintiffs' treating physicians through ex parte interviews to which plaintiffs and their counsel are not invited.
Features
Verdicts
Recent rulings of importance to you and your practice.
Med Mal News
A roundup of recent news important to your practice.
Features
Jury Awards $25.16 Million on Claim Acne Drug Caused Bowel Illness
An Atlantic County jury awarded $25.16 million to a Birmingham, AL, man after finding that Roche Laboratories Inc. knew or should have known that Accutane caused inflammatory bowel disease (IBD) and failed to warn prescribing physicians.
Dissecting the Latest Pronouncements on Ex parte Physician Interviews
There is a recurring battle playing out in trial courts across the country in medical negligence cases as to whether <i>ex parte</i> interviews with a patient's treating physicians are permissible under HIPAA and its implementing privacy rules.
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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 ›
