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Peer Review: How Privileged?
May 01, 2003
How privileged, how impenetrable, is the peer review privilege? In <i>Fox v. Kramer</i>, 22 Cal. 4th 531, 994 P.2d 343 (Cal. 2000), the Supreme Court of California considered this narrow issue: Could plaintiffs Wendy Fox and her husband, Dr. Richard B. Fox, subpoena a doctor to give expert testimony or refer at trial to his draft preliminary report when his conclusions were based on hospital peer review committee records reviewed in the course of his official duties for a public agency?
Verdicts
May 01, 2003
The latest rulings of importance to your practice.
John Gaal's Ethics Corner
May 01, 2003
Your ethics questions answered by the expert.
Punitive Damages Take a Beating
May 01, 2003
The first half of 2003 has not been kind to friends of punitive damages. No matter the setting, they have taken a beating.
Proposed Amendments to the FLSA: A Primer
May 01, 2003
The most substantial changes in more than 50 years to the way employers determine whether they are obligated to pay overtime compensation could well become reality. The United States Department of Labor (DOL) issued proposed revisions to its regulations on the "white-collar" exemptions to the Fair Labor Standards Act (FLSA) on March 31, 2003. If enacted in a version close to their present form, the way you do business could change considerably.
A Word To The Wise
May 01, 2003
It is often said that bad facts make bad law. A corollary to that principle may be that notorious clients make for problematic verdicts. Such was the case in <i>Bell v. Helmsley</i>, 2003 WL 1453108 (Sup.Ct. N.Y.Cty. 3/4/03), a trial dominated by the ever-entertaining presence of the Queen of Mean, Leona Helmsley.
Sex Harassment Case Nets EEOC $5.4 Million Dollar Settlement
May 01, 2003
Eight registered nurses who underwent pre-employment medical examinations were instead sexually harassed, according to a proposed Consent Decree submitted to Judge Leonard Sand by the EEOC and Lutheran Medical Center. Under the terms of the proposed settlement reached by the parties, the medical center has agreed to pay $5.425 million dollars to compensate the nurses and other female nurses similarly harassed.
Decisions of Interest
May 01, 2003
Recent rulings of importance to your practice.
Impact of Corporate Governance Reforms on Private Companies
May 01, 2003
Public companies are facing dramatic changes in disclosure and corporate governance requirements under the Sarbanes-Oxley Act of 2002 and new or proposed rules from the SEC, NASDAQ and the NYSE. While these new rules and regulations do not generally cover private companies, they do affect private companies.
Secondary Private Equity Funds: The Perfect Storm
May 01, 2003
Last month, the authors began discussing how the recent growth and maturity of the private equity market has generated significant secondary market opportunities. The discussion continues with one more motivation for selling and concludes by addressing regulatory changes and asset allocation shifts.

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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations &mdash; keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization &mdash; such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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