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Healthcare Bankruptcy: Not Garden-Variety Image

Healthcare Bankruptcy: Not Garden-Variety

David A. Samole

For the remainder of 2017, due in part to the current uncertainty in the healthcare industry and its legislative oversight, more financially distressed providers are considering Chapter 11 bankruptcy to effectuate closures, consolidation, restructurings and related transactions.

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Enhancing Lateral Partner Opportunities and Compensation Image

Enhancing Lateral Partner Opportunities and Compensation

Randi Lewis

You are a partner in a law firm and you have decided to make a lateral move. You want it to be the right move to a better platform. Where do you start and how do you maximize the likelihood of a successful outcome? The more you are prepared to answer and ask questions, the greater the likelihood this next move will be an optimal one for you and the firm you are joining.

Features

Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce Image

Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce

Martin M. Shenkman

<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article in last month's issue addressed perhaps a dozen trust provisions and evaluated how to strengthen them to provide greater protection for a future divorce of a beneficiary. We conclude this discussion herein.

Features

The State of Data Breach Litigation and How to Avoid It Image

The State of Data Breach Litigation and How to Avoid It

Aaron D. Charfoos & Sean C. Griffin

The number of records compromised in data breaches in 2016 increased an astounding 86% over 2015 breaches. This has led to numerous data breach litigations in the civil and regulatory context. What are the major cases and trends from 2016? And what can organizations do to try to reduce their risks of breaches and litigations?

Features

Institutional Deliberate Indifference Image

Institutional Deliberate Indifference

Janice G. Inman

<b><I>Proving Constitutional Violation</b></i><p>Part Two of a Two-Part Article</I></b><p>Conclusion of a discussion about <I>Glisson v. Indiana Dept. of Correction,</I> in which Alma Glisson, whose son Nicholas died while in prison, sued the correctional facility for employing the services of medical contractor Correctional Medical Services, Inc. (Corizon).

Features

Using Computer Forensics to Investigate Employee Data Theft Image

Using Computer Forensics to Investigate Employee Data Theft

Timothy M. Opsitnick, Joseph M. Anguilano & Trevor B. Tucker

Departing employees have a sense of ownership over the data that they copy. Intellectual property commonly stolen includes customer lists, secret formulas, source code, strategy documents and other trade secrets. The information is often used against the organization when the former employee goes to work for a competitor or decides to start a new company.

Features

The Challenge of Complying with China's New Cybersecurity Law Image

The Challenge of Complying with China's New Cybersecurity Law

Dan Whitaker

In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. The law is set to go into effect June 1, 2017. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.

Features

Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims Image

Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims

Michael L. Cook

<b><I>Part One of a Two-Part Article</I></b><p>The issue of what constitutes a good-faith defense to a fraudulent transfer claim is a murky question that has produced a wide variety of reported decisions from appellate courts over the years. But a recent Sixth Circuit opinion sheds some clear light on a complicated fact pattern.

Features

Top Issues for an Acosta Labor Department: Overtime, Gig Workers and the Fiduciary Rule Image

Top Issues for an Acosta Labor Department: Overtime, Gig Workers and the Fiduciary Rule

Victoria Roberts

Secretary of Labor Alexander Acosta, who was confirmed by the Senate late last month, is a veteran government official who is set to hit the ground the running. What direction can labor and employment attorneys expect him to take the agency charged with enforcing many of the nation's workplace laws, and what are issues to watch in the early days?

Features

Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce Image

Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce

Martin M. Shenkman

<b><I>Part One of a two-Part Article</I></b><p>Trusts have traditionally been used to protect wealth from divorce. However, what many estate planners refer to as "traditional" trust draftingis not nearly as effective at protecting wealth from the potential risks of divorce as approaches advocated by what some loosely refer to as "modern trust drafting."

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