Defamation and the Disgruntled Defendant
June 02, 2017
<b><I>Anti-SLAPP Legislation and the Defamation Claim</I></b><p><b><I>Part Two of a Two-Part Article</I></b><p>In last month's newsletter, we began discussion of a defamation claim brought against two attorneys who took to the airwaves to publicize their client's complaints against a hospital and its owner. The defendants in that matter sought redress for what they claimed were untrue, and very unflattering, statements, but the attorneys moved for dismissal of the claims. We continue here with the court's reasons for granting the attorneys' motion.
Stick to the 'Plain Meaning'
June 02, 2017
<b><I>Interpreting Lease Contract Terms</I></b><p>The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing
Healthcare Bankruptcy: Not Garden-Variety
June 02, 2017
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.
Enhancing Lateral Partner Opportunities and Compensation
June 02, 2017
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.
Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce
June 02, 2017
<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.
In the Courts
June 02, 2017
Judge Rules Wal-Mart In-House Investigator's Findings Not Privileged On May 5, Judge Susan O. Hickey of the Western District of Arkansas granted investors'…
The State of Data Breach Litigation and How to Avoid It
May 02, 2017
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?
Institutional Deliberate Indifference
May 02, 2017
<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).
Using Computer Forensics to Investigate Employee Data Theft
May 02, 2017
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.
The Challenge of Complying with China's New Cybersecurity Law
May 02, 2017
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.
