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Preserving Native-American Heritage over Other Best-Interest Considerations

March 29, 2013

The U.S. Supreme Court has agreed to hear the appeal of <i>Adoptive Couple v. Baby Girl</i>, 398 in which the Supreme Court of South Carolina confirmed a lower court's return of a Native-American child to her biological father, a member of the Cherokee Nation.

Movers & Shakers

March 29, 2013

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

Verdicts

March 29, 2013

In-depth analysis of the latest litigation.

Privilege in the Cedent-Reinsurer Relationship

March 29, 2013

Recent decisions should give cedents and reinsurers pause about how they fulfill their duties to each other, while still protecting privileged communication from counsel.

Drug & Device News

March 29, 2013

A roundup of key rulings.

Med Mal News

March 29, 2013

Analysis of the latest litigation.

Failure-to-Detect Claims Against Dermopathologists

March 29, 2013

In both PA and NJ, a claim for medical malpractice is not cognizable unless the "target" physician owes the plaintiff a duty of care. The duty of care owed by a dermopathologist arises by virtue of his or her willingness to undertake interpreting the cutaneous pathology slides.

Reevaluating the Insurability of Punitive Damages Awards

March 29, 2013

Too often, policyholders and their counsel accept on faith that their insurance does not cover punitive damages as a matter of public policy. In many jurisdictions, however, there is coverage for all punitive damages, while others allow coverage of punitive damages under certain circumstances.

Evidence-Based Medicine in Medical Malpractice Litigation

March 29, 2013

The evolution of evidence-based medicine should cast doubt upon advocacy that masquerades as science, and put courts in the position of deciding when science should prevail.

Five Steps to Building Your Medical Malpractice Risk 'Crash Cart'

March 29, 2013

Sometimes, despite best-laid treatment plans, unforeseen and unforeseeable medical complications still arise. Then you need a "crash cart.

MOST POPULAR STORIES

Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Law Firm Marketing and Business Development
Questions Every Law Firm Business Development Leader Should Be Asking
In a legal marketplace transformed by technology, heightened client expectations, and fierce competition, law firm leaders must approach strategy with rigor and clarity. The following questions, accompanied by relevant statistics and explanations, offer a focused guide for uncovering opportunity and driving sustainable growth.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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