Using <i>Daubert</i> on Cross-Examination
August 02, 2015
This article addresses recent indications that <I>Daubert</I> is gaining ground in New York, as well as its current utility as a potent weapon on cross-examination of expert witnesses who are such common fixtures in the domestic relations courtroom.
<b><i>In the Spotlight:</i></b>Three Insurance Provisions That Should Not Be Overlooked
August 02, 2015
Attorneys may spend hours negotiating and drafting expense clauses, use provisions and offset rights, but often ignore the insurance provisions as mere "boilerplate." However, although claims on insurance sections are rarely implemented, the reality is that a poorly drafted insurance section can have severe detrimental effects and significant cost implications for a client.
Bit Parts
August 02, 2015
Film Director Isn't Author of Movie<br>'Grupo Miramar' Trademark Infringement Claim Prevails, But Not Claims for Counterfeiting or Intentional Interference<br>
How to Determine a Diligent Job Search
August 02, 2015
If a recipient spouse in a divorce action is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award.
Health Care Fraud Enforcement
August 02, 2015
In March 2015, the DOJ and HHS)released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. This article discusses that report.
Vendor Limitations of Liability for Security Breaches
August 02, 2015
Counsel advising companies on vendor contracts are in a tough spot. Cybersecurity risks presented by data outsourcing demand increasing attention and resources. At the same time, outsourcing of data to third-party vendors has become, in many instances, a business necessity.
Court Watch
August 02, 2015
Court Awards Franchisor Attorneys' Fees in Trademark Infringement Action Against Competitor <br>
Navigating Insurance Coverage Issues in Med Mal Litigation
August 02, 2015
For a physician or other health care defendant, being sued for medical malpractice is stressful. The saving grace for many is the financial safety net of liability insurance to cushion the blow and avoid monetary ruin for a physician or hospital. However, every net ' including a safety net ' has holes.
<i>Abercrombie</i> Decision Raises the Bar for Accommodating Employees of Faith
August 02, 2015
In early June, the Supreme Court issued its decision in <I>EEOC v. Abercrombie.</I> The case raised the question of whether an employer must have actual knowledge of the religious nature of an employee's practice to be found liable for discrimination under Title VII for denying employment based on that practice. The short answer is no.
