Substantive Non-Consolidation Opinion Letters: Advice for Bankruptcy Counsel
December 01, 2017
Substantive non-consolidation opinion letters have long been a regular "check-the-box" item in large commercial real estate transactions. While substantive consolidation jurisprudence has not changed materially over the past decade, these opinion letters should not be treated lightly by borrowers or their counsel.
Teaching an Old Dog New Tricks: Business Process Management and Law Firms
December 01, 2017
Though traditionally considered laggards when adopting new technology, law firms have recently started to explore new tricks to fortify performance across their organizations. While this evolution is critical to a firm's survival, it's important that firm administrators understand that substantive improvements are only possible through multi-directional change.
Lack of Gender-Diverse Partnership: Is It the Woman or the Firm?
December 01, 2017
<b><i>Data-Driven Research by ALM Intelligence Suggests Three Reasons Why Gender-Diverse Partnership Fails</b></i><p>It is now common knowledge that female headcount within the ranks of Big Law partnership, both equity and non-equity, has held steady for the past few years at around 20%. The obvious question is, why?
Date Approaches for Start of EU Trade Secrets Directive
December 01, 2017
In 2016, concerns about protecting trade secrets in the European Union resulted in Directive (EU) 2016/943 of the European Parliament and of the Council of June 8, 2016. Directive (EU) 2016/943, which will impact the entertainment industry, seeks to protect undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.
When Lack of Informed Consent Is Not the Issue
December 01, 2017
When an injury occurs, the first reaction of those in the medical office might be to ask, "Did the patient sign an informed consent form?" When the answer is "Yes," and the harm that occurred is listed as a possibility on that signed form, everyone can breathe a sigh of relief. Right? Not so fast.
Exclusion of Evidence: The FDA's 510K Process
December 01, 2017
In a drug or medical device injury case, one of the defense's most potent arguments often is that the product in question underwent FDA approval. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.
Children of a Married Same-Sex Couple
December 01, 2017
<b><i>The Presumption of Legitimacy</i></b><p>In what is being hailed as a landmark decision, New York's Appellate Division, First Department, recently held that the presumption that a child born to a married couple is their legitimate offspring applies not only to biological children of both spouses, but also to children born through more modern means — even when the married parties are in a same-sex marriage.
Follow Up on False Claims Act Actions
December 01, 2017
The authors discuss several steps to take in order to avoid the pitfalls that could accompany lengthy exposure vis-à-vis state false claims actions.
