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'Sorry Works' -- or Does It?
'Love means never having to say you're sorry,' according to Eric Segal's protagonist in the 1970s hit book and movie, Love Story. That may work in love but, increasingly, it may not apply to the more adversarial realm of medical malpractice and adverse patient outcomes.
Thirty years ago I began my claim-handling career by attending a five-week adjuster 'boot camp' in Atlanta run by a national third-party claim administrator. Wizened instructors drummed into the newly minted adjusters certain precepts as part of that indoctrination program. Conventional wisdom in handling medical malpractice claims ' as in handling any kind of liability claim ' was never to admit to fault or blame, even when there was fault or blame. A corollary was to make no premature offers of financial settlement, but to undertake painstaking investigation of a claim to assure oneself that it was meritorious and worthy of a settlement offer. Another tenet of claim handling was that you should never make any payment without getting a signed 'Release of All Claims' in exchange. In other words, you never give anything away; no signature on the release means no settlement payment.
A New Movement Afoot
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?