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Extracting the 'Consent to Settle': A Game Plan for Insurers and Defense Counsel
February 29, 2016
Consent-to-settle provisions in medical malpractice insurance policies present challenging issues to insurers, defense attorneys and policyholders in the context of defending professional liability claims. Most liability insurance policies cede the ultimate discretion over settlement decisions to the insurer. Medical malpractice policies are outliers from the norm in the insurance industry.
Business Crimes Hotline
February 29, 2016
Analysis of two key rulings.
Med Mal News
February 29, 2016
Discussion of a wrongful death case in which a lawyer was sanctioned for a sexist comment.
Expert Testimony on Industry Practice
February 29, 2016
Recently, the Second Circuit held that expert testimony regarding how a "specialized securities market" operated was relevant and potentially "highly" probative of the question of whether the defendant's misstatements to investors were material. Because juries are tasked with determining materiality, the notion that experts can opine on overarching industry practice that is not case-specific appears surprising.
Structured Dismissals and Application of Non-Estate Proceeds
February 29, 2016
One of the more significant changes to Chapter 11 practice has been the use of section 363 to sell the assets of a debtor, prior to confirmation of a plan, as a means to restructure and maximize value. This transactional use of the Bankruptcy Code has, by necessity, changed how cases are administered.
Ending the Myth That Branded Drug Companies Cannot Benefit from Preemption
February 29, 2016
A myth has surfaced over the past few years that federal drug law preempts product liability suits against generic drug companies, but not brand-name manufacturers. This myth stems from an over-simplification of three U.S. Supreme Court cases. .
<b><i>At the Intersection:</i></b> Battling Law's Second Language
February 29, 2016
If business English ' essentially masculine English ' is the language of power and dominance, the language spoken at the table by those who have won a seat at the table, Feminenglish is the language of deference to power. How does this affect your firm?
They're With Us!
February 29, 2016
Recently, faced with pressure to increase efficiency, companies have increased their dependence on outside entities to complete tasks that were once reserved for in-house employees. How does this affect the attorney-client privilege?
<b><i>Online Extra:</b></i> Law Firm Takes e-Discovery Company to Court in $3M Fee Fight
February 29, 2016
A Washington litigation boutique is embroiled in a fight with an electronic-discovery company over who should pay $3 million in fees for e-discovery services that a federal judge found 'unreasonable.'
<b><i>Online Extra:</b></i> New German Privacy Law Targets U.S. Companies
February 29, 2016
U.S. companies need to be aware of a new German data protection measure that came into effect in late February. The law, aimed directly at companies based outside Germany, allows German consumers and business associations to enforce the country's data protection laws.

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