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We found 1,278 results for "Medical Malpractice Law & Strategy"...

The Role of the Mediator in Med-Mal Cases
December 27, 2012
For litigants today, faced with the potential of a long and drawn-out jury trial, along with the uncertainties that accompany such an exercise, mediation is becoming a very important alternative in the dispute resolution process.
Whistleblowing and Peer Review
December 27, 2012
Last month, we discussed the fact that one long-settled aspect of the California Supreme Court's peer-review jurisprudence is the exhaustion-of-remedies doctrine. We stated that two of California's intermediate appellate courts addressed doctors' whistleblower claims ' with diametrically opposed results.
Drug Marketing to Doctors: Changes May Be On the Way
December 27, 2012
The cornerstone of many FDA enforcement actions against pharmaceuticals manufacturers in recent years has been the charge that they have "misbranded" their pharmaceutical products by promoting them for uses not approved by the FDA. Now, the Second Circuit has thrown the concept of criminal liability for misbranding by means of off-label-use promotion into turmoil.
Physician, Heal Thyself
December 20, 2012
Saint Vincent Catholic Medical Centers of New York and its debtor-affiliates (collectively SVCMC) filed Chapter 11 cases in 2010 in the Southern District of New York. This article addresses some of the case's complexities.
Verdicts
November 29, 2012
Analysis of two important rulings.
Drug & Device News
November 29, 2012
A discussion of several key cases.
Med Mal News
November 29, 2012
Several items of interest.
HITECH and HIPAA Enforcement Activities
November 29, 2012
The OCR is putting new emphasis on enforcing patient privacy rights since the passage of HITECH in 2009. A look at four settlement agreements.
Filing Whistleblower Actions to Avoid Peer Review
November 29, 2012
The California Supreme Court has taken a keen interest in the peer-review process in recent years. Here's why.
Undoing Pliva Inc. v. Mensing
November 29, 2012
This article examines the relationship between <i>Pliva</i> and the Patient Safety and Generic Labeling Improvement Act, and discusses the potential ramifications for generic drug manufacturers should the Act be signed into law.

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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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