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Congress Passes Lawsuit Abuse Reduction Act of 2004
On Sept. 14, the Republican-led House passed a bill dubbed the Lawsuit Abuse Reduction Act of 2004 that aims to do just that: deter attorneys and their clients from bringing unfounded suits. The vote was 229-174 for the bill that would impose sanctions on lawyers who bring suits that are deemed unfounded.
Verdicts
Recent verdict you need to know.
Med Mal News
Recent news of importance to you and your practice.
Videotaped Depositions: Goldmine or Curse?
Times have changed. Depositions, used at trial for impeachment purposes, are now more than just dry words on a page. Increasingly, they are on videotape and the courts are happy about that. <i>Weseloh-Hurtig v. Hepker</i>, 152 F.R.D. 198, 201 (D. Kan. 1993). Should medical malpractice lawyers feel the same way? Well, it depends on whether you are the attorney taking the deposition or if you are the one whose client's deposition is being captured on video. It can be a blessing or it can be the death knell for your case. Let's look at this developing trend.
HIPAA 2004: A Review of Significant Litigated Cases
In the previous months' newsletters, we looked at two of the three significant cases interpreting the Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (HIPAA). <i>Northwestern Memorial Hospital v. Ashcroft</i>, 2004 U.S. App. LEXIS 5724 (7th Cir. 2004), a case decided by the U.S. Court of Appeals for the Seventh Circuit, rejected the idea that HIPAA created a new federal privilege regarding abortion medical records. In <i>South Carolina Medical Association v. Thompson</i>, 327 F.3d 346, 2003 U.S. App. LEXIS 7940 (4th Cir. 2003)(cert. denied 2003 U.S. LEXIS 8010 (U.S., Nov. 3, 2003)), the Fourth Circuit held the HIPAA regulations themselves to be constitutional. The third case of note on the subject of HIPAA interpretation, which we look at this month, is <i>Law v. Zuckerman</i>, 307 F. Supp. <b>Part Three of a Three-Part Article</b>.
Forget Your Firm; Market Your Partners!
Recently, at the American Bar Association Annual Meeting in Atlanta, Deval Patrick, the General Counsel (GC) of the Coca-Cola Company, said: "We are not hiring law firms, we're hiring lawyers." <br>Many, many GCs say the same thing. Seriously, by now this has become cliche in the legal services market: time and time again, in-house General Counsels say they hire lawyers not law firms. So why in the world do firms spend so much time and money marketing the firms rather than the attorneys and (at most) practice groups that are the actual marketplace products?
Note from the Editor
Each October we devote most of our content to public relations. This month we are once again spotlighting the work of Levick Strategic Communications and…
A Haven For Straight Talk: <b>Bad Surveys Are Worse Than No Surveys</b>
Marketing measurements generally come in two flavors; quantitative and qualitative. We'll talk next month about some quantitative measurements relative to marketing at your firm. This month, though, we'll discuss the ever-popular survey. On a scale of 1-7, how likely are you to read the rest of this article?
PR's Return On Investment
Last year's first Annual Law Firm Media Performance Report broke new ground with data that examined, on a market-by-market basis, the relative aggressiveness with which U.S. and global firms utilize media coverage as a component of their marketing strategies. <br>The greater depth of focus for this year's study obviously required an analytic approach beyond simply computing media appearances.
Get Smart With Your Marketing Materials
For some time now, CRM has been all the rage, but marketers may soon start hearing another buzzword: "SMART." <br>SMART stands for Sales and Marketing Assembly Resource Tool, and when integrated with a company's content, it can make an enormous difference in the way companies prepare and send out their marketing pieces.

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    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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