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Challenging the Forensic Psychiatrist's Report
April 01, 2003
Some courts have indicated a willingness to reject the recommendation of neutral forensic experts, weighing the evidence on their own to make a custody determination.
John Gaal's Ethics Corner
April 01, 2003
Your ethics questions answered by the expert.
Decisions of Interest
April 01, 2003
Recent rulings of importance to you and your practice.
Protecting Trade Secrets: The Inevitable Disclosure Doctrine
April 01, 2003
When a former executive accepts a position with a competitor, how does the original company protect its trade secrets? One method is to invoke the doctrine of inevitable disclosure, which prohibits a former executive from competing when he or she cannot help but disclose or use the former employer's trade secrets to do so. Divulging these secrets, of course, would be in violation of the executive's continuing fiduciary duty to his or her former employer.
Employment-At-Will Affirmed Again
April 01, 2003
The New York Court of Appeals has once again rejected an effort to limit the employment-at-will doctrine in New York, ever so slightly, when it rejected a claim by a physician working for <i>The New York Times</i> that she was inappropriately required to disclose patient medical records in violation of state law, her code of ethical conduct, and various state and federal regulations.
Smoking Ban: State Follows NYC
April 01, 2003
With surprising alacrity, the New York State Legislature followed the lead of the New York City Council by banning smoking in all respects in the workplace, and went further by eliminating some of the few exceptions present in the City law applicable to restaurants and bars. Governor George Pataki signed the bill within hours of receiving it from the Legislature. The new law, which takes effect in late July, is one of the strictest state smoking bans in the country.
A Word to the Wise
April 01, 2003
Management counsel has become quite predictable when asked by a client: "Can we give a job reference for a former employee?
MedBytes
April 01, 2003
Analysis of Web sites of importance to you and your practice.
My Opinion
April 01, 2003
Sound off about issues that affect you and/or your practice!
Birth Injury Claims Most Successful
April 01, 2003
Jury Verdict Research' has just released its report, Current Trends in Personal Injury &mdash; 2002 Edition. The research company maintains a nationwide database of verdicts and settlements in personal injury claims. Its recently released report identifies and summarizes current award trends and breaks down the awards by type of case and injury.

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    Over a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.
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  • The Right to Associate in the Defense
    The "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.
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