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Advocacy in ADR
January 27, 2011
The author continues this month with his discussion of tips for attorneys presenting medical malpractice cases in alternative dispute forums.
Advance Disaster Directives for Hospitals
January 27, 2011
With thorough advance disaster preparation, in-house counsel can avert legal problems such as employees' wage-and-hour claims, negligence or wage claims by employees' family members, and patient medical-malpractice claims.
Aftermarket Parts and Their Consequences in Litigation
January 27, 2011
This article addresses the potential areas of liability for a lessor of automobiles in cases where an aftermarket alteration has been made, particularly if that lessor is the party who executed or authorized the change.
Update: Courts Still Split on HIPAA and Ex Parte Physician Interviews
January 27, 2011
Early last year, the author discussed in this publication three decisions from lower courts that had the potential to greatly impact and shape the emerging landscape of the HIPAA <i>ex parte</i> interview debate. The discussion continues herein.
Litigation
January 27, 2011
Recent rulings of interest.
Federal Employee Death and Survivor Benefits
January 27, 2011
Attorneys crafting the death and survivor provisions of Domestic Relations Orders against a federal employee's pension benefits must be alert to differences in death and survivor benefits, described herein.
Where's My Copy?
January 27, 2011
In offices around the world, the copy machine is one of the most heavily used devices. And until an April 2010 expos' by CBS News, most companies never thought twice about any data security liabilities associated with them after they had been disposed or traded.
Tax Ramifications and Costs in Equitable Distribution
January 27, 2011
The recent Pennsylvnia Superior Court case of Balicki v. Balicki has sent shock waves throughout the family law community. Here's why.
2010 Tax Act Impact on Matrimonial Matters
January 27, 2011
Major changes were made to the federal transfer tax laws with the Dec. 17, 2010 enactment of the "2010 Tax Act." These changes will have a significant impact on certain matrimonial matters. They also make it essential for all matrimonial practitioners to exercise caution with respect to their clients' existing estate plans and documents.
Second Circuit Affirms Designation of Secured Lender's Vote and Effective Cram Down
January 27, 2011
The Second Circuit's ruling in <i>In re DBSD North America, Inc., </i> is important to would-be acquirers of Chapter 11 debtors. A lender's so-called "loan to own" strategy may still be valid, but acquirers cannot overreach. Consistent with other decisions, <i>DBSD</i> means that a competitor's manipulating the reorganization process to block a reorganization or to destroy the debtor's business will not work.

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