Practice Tip: Pleading Medical Device Complaints
July 26, 2011
The heightened pleading requirements of <i>Bell Atlantic Corp. v. Twombly</i> require that practitioners who plan to file a complaint in a medical device case be even more cautious than usual. Otherwise, they may be subject to a dismissal on the pleadings.
Effective Use of Evidence-Based Medicine to Challenge Causation Testimony
July 26, 2011
Medical experts testifying about causation in toxic tort, medical device, and pharmaceutical litigation frequently claim to base opinions upon a dispassionate review of the scientific literature, the same analysis they perform in their clinical practices. But peeling back the fa'ade often reveals that they have done nothing of the kind.
The Calming Influence of the Cloud
July 25, 2011
If you're looking to test the cloud waters, e-mail is an excellent place to start. Eliminating complexity, adding an additional layer of "always-on" business continuity, and realigning your staff's priorities is worth the cost of admission.
Future Employment Considerations for Law Firms
July 25, 2011
For a few law firms, the post-recession legal world looks the same as it did pre-recession, but for most, it is one where significant changes must be made to their business models in order to survive and prosper.
Where Are All the Law Students Going?
July 25, 2011
How odd that at a time when unemployment in law firms is at a peak, and uncertainty about jobs for recent graduates is rife, enrollment at law schools is reported to be rising.
Motivating Attorneys to Accomplish Firm Objectives
July 25, 2011
The two major challenges now facing lawyer management in many of these mid-sized firms are motivating the non-entrepreneurial attorneys to achieve and to perform, and retaining the "over-achiever" attorneys so they will not leave the firm.
Job Discrimination Against Muslims
July 25, 2011
Despite the EEOC's dire predictions, Muslims, Arabs, and other people of eastern descent living in the United States have not seen the social ostracism experienced by these groups in other countries.
When Office Tenants Go Dark
July 25, 2011
Most office leases require tenants to actively carry on business from their leased premises, and prohibit tenants from vacating or abandoning the premises. It is becoming increasingly common, however, for tenants to object to these provisions and to request the lease include a "go-dark" provision.
