Features
Parsing the Copyright Preemption Issue in Claims for Breach of Implied-in-Fact Contracts
The U.S. Court of Appeals for the Ninth Circuit recently reconfirmed the long-established principle that, under California law, an implied-in-fact contract claim over an alleged promise to pay for use of an idea or concept isn't preempted by federal copyright law.
Features
Internet Crime and the Elderly
The same technology that provides the means for customers in various market sectors to truly interact with merchants also allows a similar force multiplication for Internet criminals, including charlatans and other rogues who prey on some of the most vulnerable among us ' the elderly.
Features
Integration In the Cloud
One of the greatest challenges any organization can face is the integration of evolving technology into its culture, practice and processes. At Bradford & Barthel ("B&B"), our main challenges in this regard have focused on the adaptation of Google Apps within our environment and business model.
Features
FCA and ACA Pose Perils for Med-Mal Defendants
Changes to the Patient Protection and Affordable Care Act (ACA) now make it easy for individuals who have gained information during the discovery process in a medical malpractice suit to use that information to bring a <i>qui tam</i> action under the False Claims Act (FCA).
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Equipment Lenders Beware
Equipment lenders often consider an out-of-court foreclosure as a fast and efficient way to recover collateral from a defaulting borrower. The Second Circuit Court of Appeals has thrown a monkey wrench into the attractiveness of the foreclosure option, especially for those equipment lenders who foreclose on collateral with the goal of preserving value by operating the business until a strategic buyer can be located.
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Professional vs. Ordinary Negligence in the Health Care Setting
The precise line of where ordinary negligence ends and professional negligence begins has remained rather murky. Here's why this makes a difference.
Features
The Role of Informed Consent in Defensive Medicine
Studies that have attempted to quantify the costs of defensive medicine by looking at the impact that tort reform has had on health care savings have obtained inconsistent results.
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Judgment Creditors Come One, Come All to NY
Recent case law has made New York an extremely beneficial place for a creditor seeking to enforce a judgment against a debtor's foreign assets.
Features
Retiring in a Down Economy
Each case addressing the issue of retirement and its impact on support is highly fact-sensitive. The down economy's impact on such a situation serves to add an intriguing, yet extremely critical, wrinkle to the equation.
Features
News Briefs
Highlights of the latest franchising news from around the country.
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