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The Patient Care Ombudsman: Controlling Costs

The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") gave patients of insolvent health care facilities a clear voice in bankruptcy proceedings by creating a new role in bankruptcy cases ' the Patient Care Ombudsman ("PCO").

Litigation

Analysis of a recent case of interest.

Shirking or Just Hard Times?

In a bad economy, a range of recent decisions can be cited to overcome the argument that an earning capacity in excess of current income should be attributed to a parent.

Movers & Shakers

Who's doing what; who's going where.

How Your Company Can Get the Benefits of an Arbitration Clause

Arbitrating employment disputes can provide for more efficient and more economical resolutions. Yet, in-house attorneys often question whether to include arbitration clauses in their employment agreements.

Local Yacht Club Sails Free of Harassment Claim

A recent decision from the Federal District Court in Maryland highlights the need for an employee to meet filing time requirements or face dismissal of the claims.

Mediate Your Clients' Employment Claims

While growing in popularity, mediation still remains underutilized in employment disputes. From the employee's perspective, mediation should be a "no-brainer."

Tracking Hours in a Virtual World

Privacy issues, data security risks and document-retention nightmares are just some of the issues created when technology falls into an employee's hands.

New Laws Expand Whistleblower Protections

Federal statutes protecting whistleblowers are on the rise. Most recently, the Dodd-Frank Act, meant to overhaul and strengthen federal oversight of the financial system, included workplace protections for whistleblowers in the financial services industry. But that is not the only new law to include whistleblower protections.

Discrimination Against Employees with Caregiving or Family Responsibilities

Family care issues permeate the workplace, arising in the context of employee recruitment, growth, development and career advancement, and employee requests for time off, flexible schedules and other benefits.

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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