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Natural orifice transluminal endoscopic surgery ' often referenced by the acronym NOTES ' is becoming increasingly popular. Here is a discussion of potential avenues of liability claims associated with the surgery.
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In a handful of states, a doctrine known as the "medical judgment rule" establishes a distinction between the legitimate exercise of medical judgment and a deviation from the accepted standard of care on the part of a physician. In New Jersey, the medical judgment rule is set out in Model Jury Charge 5.50G. This article provides a look at medical judgment and standard of care as outlined in the rule.
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On April 1, 2009, the Rules of Professional Conduct went into effect and replaced the current New York Lawyer's Code of Professional Responsibility as the governing rules of professional responsibility for attorneys in New York State. Here is an explanation.
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A payor-ex-spouse buying life insurance for the payee-ex-spouse as part of a divorce settlement is almost ubiquitous. Although estate planners routinely recommend that clients review their planning periodically ' especially if a change occurs ' few clients tend to listen. The cost of not heeding that advice, and a few interesting legal issues, were pointed out in a recent case.
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The sophisticated user doctrine has become a prevalent defense nationwide in product liability actions involving failure-to-warn claims. This article expounds upon recent cases that help to entrench the sophisticated user doctrine in many states' case law, to a full or limited degree.
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The current economic situation is forcing firms to think of new ways to market themselves, which likely will become the new norm, long after the downturn is history.
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In this climate of uncertainty, the impetus will be on associates to self-motivate, focus on learning the craft and think deeply about what they really want from their careers. But what are those of us committed to developing the careers of associates to do?
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In Part One of this article, the authors dealt with the primary risks of a "downsizing" event. Part Two herein discusses implementing a methodical plan for a downsizing event, alternatives to downsizing, and going forward with compassion.
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The purpose of this article is to provide tips and identify potential pitfalls associated with the drafting of an employee handbook.
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As recognized in a recent decision from the Maryland Federal Court, a poorly drafted severance agreement can prove to be a very expensive mistake. This article takes a closer look at this decision: <i>Equal Employment Opportunity Commission v. Nucletron Corporation.</i>