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The Use of Learned Treatises in Med Mal Litigation
Learned treatises and medical textbooks have been an important part of many malpractice cases, on both the plaintiff and defendant sides. But although everyone knows that medical journal articles, textbooks and practice guidelines often offer powerful ammunition for the medical malpractice trial lawyer, the law surrounding the so-called “learned treatise doctrine” remains neither well settled nor universally applied.
What is the history, text, and common interpretation of the learned treatise rule found in the hearsay exceptions to the Federal Rules of Evidence (which many states share)? And how may we address a perplexing question impacting the effective use of a learned treatise ' namely, whether the doctrine permits cross-examination with a learned text absent prior authentication as to that source's reliability?
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.