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The Settlement Mindset Image

The Settlement Mindset

Laurence J. Cutler & Robert A. Epstein

It is widely known among matrimonial practitioners that almost all cases settle ' well above 95%, in fact. It is also widely known that if, when, and how settlement is reached depends on countless factors.

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Effective Use of Physician Assistants Image

Effective Use of Physician Assistants

Barry B. Cepelewicz & Richard J. Nealon

The use of P.A.s presents a number of medico-legal issues for a practice that must be considered, both by medical practitioners and their legal counsel. Failure to do so could result in increased liability exposure for the physician and the practice.

Features

Hospital-Acquired Infections Are on the Rise Image

Hospital-Acquired Infections Are on the Rise

Brandon Swartz

Last month, we discussed the rising incidence of deaths related to hospital-acquired infections. With the accompanying publicity of the dangers MRSA infection poses, it is not surprising that litigation in this area is also on the rise.

Features

Communications Problems and Solutions Image

Communications Problems and Solutions

Rees W. Morrison

This article describes a handful of the communication complaints that law departments often encounter, and offers some ways to address them.

Features

WARNING! Time to Appeal Orders Compelling or Denying Arbitration Is NOW Image

WARNING! Time to Appeal Orders Compelling or Denying Arbitration Is NOW

Fernando M. Pinguelo & Andrew D. Linden

The Supreme Court of New Jersey recently delivered a clear message regarding the time within which to appeal decisions concerning arbitration: Any order compelling or denying arbitration is deemed final and appealable as of the date entered, even if the arbitration order is limited to some, but not all, claims and parties.

Features

Taking Advantage of Changing Patent Landscapes Image

Taking Advantage of Changing Patent Landscapes

T. Gregory Peterson

The America Invents Act (AIA), signed into law by President Obama on Sept. 16, 2011, is widely thought to constitute the most significant set of changes to the American patent system since the 1950s. Here's what it entails.

Features

Rethinking Boilerplate Image

Rethinking Boilerplate

Jane Snoddy Smith & Bryan Wesley Patrick

If boilerplate provisions are not considered in light of the positions of the respective parties to a leasing transaction, a party can be left exposed to substantial liability or without a remedy for the rights it has so carefully negotiated.

Features

Projected Reform of German Insolvency Law Image

Projected Reform of German Insolvency Law

Constantin Conrads

A large number of U.S. companies have investments in German entities. Should one of these German companies face a severe financial crisis, the U.S. shareholder must deal with German insolvency laws and procedures concerning its German subsidiary.

Features

Selling to an LLC? Image

Selling to an LLC?

Alisa E. Moen

Late last fall, the Delaware Court of Chancery issued a decision that surprised many business law observers and practitioners.

Features

Recharacterization: It's Not All About Equity or Insiders Image

Recharacterization: It's Not All About Equity or Insiders

Scott J. Friedman & Mark G. Douglas

In <i>Lothian Oil</i>, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.

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