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Why Is It So Hard to Find Quality Medical Malpractice Verdict Data?
Medical malpractice practitioners on all sides are familiar with the theories and arguments for and against “tort reform.” The basic premise in support of tort reform is that high verdicts in medical malpractice cases lead to defensive medicine, an outflow of qualified providers from the market, and increased insurance costs passed on to consumers. The opposition counters that insurance costs are increased because of investment decisions; that there is no real “crisis;” that reform is a euphemism for denying a right to a jury trial; and that the real incidence of malpractice is under-reported and under-compensated.
I will not take a position in this article on the merits of the debate. Rather, I raise the question of why, in 2014, quality data regarding the true frequency and severity of malpractice verdicts is missing. In an era of incredible “big data,” the medical malpractice practitioner should ask, “Why are there no accurate, reliable, and statistically valid measurements of malpractice verdicts by subject and jurisdiction?”
A Lack of Information
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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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?