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ACA and FCA Litigation
May 22, 2011
The Patient Protection and Affordable Care Act (ACA) changes federal law governing FCA claims in a way that gives individual plaintiffs new power to use information learned in discovery in a civil case as the basis for a <i>qui tam</i> case brought under the FCA.
When Patients Require Transfer
May 22, 2011
It is not uncommon to see a medical malpractice case arising out of treatment received in an emergency situation. State legislatures are becoming more sensitive to this litigation and the effect that it has on the cost of medical malpractice insurance, as well as access to medical treatment.
What In-House Counsel Should Know About the New Lease Accounting Standards
May 22, 2011
New accounting laws are in the final stages of being enacted. What does this have to do with in-house counsel? An explanation of the new standards and why they matter.
A Compelling Need for Change in Legal Hold Practices
May 22, 2011
Over 17 months ago, Judge Shira Scheindlin sounded the clarion call once again ' organizations that fail to take reasonable steps in response to a preservation obligation do so at their peril.
Understanding and Mitigating the Legal Risks of Cloud Computing
May 22, 2011
There are also information governance implications, especially those involving electronic discovery, when moving to the cloud.
10 Tips for Helping Corporate Legal Departments Demonstrate Value
May 22, 2011
It is no longer enough to simply be a great lawyer and risk manager; corporate counsel must be effective business managers and be able to demonstrate the value they create for their companies in order to be considered successful.
Federal District Court Applies Supreme Court's 'Nerve Center' Test
May 21, 2011
While corporate executives and their advisers will no doubt appreciate the certainty provided by the Supreme Court's affirmation of the "nerve center" test for determining a corporation's principal place of business, they must be mindful that the courts will focus on the actual "center of direction, control, and coordination" rather than artificial attempts to manipulate jurisdiction.
Resolving FLSA Claims Without Overpaying the Plaintiff's Attorney
May 16, 2011
In recent years, claims for unpaid overtime, work off the clock or misclassification of employees have become popular among plaintiff's attorneys. Here's what to do.
Litigation
May 16, 2011
A recent ruling of interest.
In Child Support Cases, Judges Appear Reluctant to Extend Sixth Amendment Rights
May 16, 2011
A former solicitor general and a former Supreme Court clerk vigorously sparred before the justices in March over whether indigent persons have a constitutional right to counsel if they face jail for failing to pay child support.

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