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.
Finding the Right Outside Counsel for Your Firm
June 02, 2017
In today's challenging, competitive business environment, finding qualified outside counsel with the right fee structures is a top priority for corporate counsel. This article outlines some practical guidance to help corporate counsel achieve this goal.
Verdicts
June 02, 2017
New York's Appellate Division, Second Department, has barred a medical malpractice defendant from submitting into evidence Facebook posts of the plaintiff, allegedly describing his physical activities, for lack of proper authentication.
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.
Your H-1B Petition Was Not Selected in the Lottery
June 02, 2017
<b><I>Now What?</I></b><p>Fairly soon, an estimated 150,000 businesses in the United States will receive some bad news: U.S. Citizenship and Immigration Services (USCIS) will not be considering their H-1B petitions for skilled foreign workers. The petitions will be rejected without any analysis as to their merits. Yet these businesses with a clear need for temporary help will have to explore other ways to keep their prospective or current employee working for their company, or face the possibility that the foreign worker may be forced to return home.
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.
Emerging Issues In the DTSA's Second Year
June 02, 2017
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.
The Role of Mindfulness in Effective and Ethical Lawyering
June 02, 2017
<b><I>Beyond Knowledge and Good Intentions</I></b><p>A 2015 Harvard Business Review article, "Mindfulness Actually Changes the Brain," concludes that "Mindfulness should no longer be considered a "nice-to-have" for executives. It's a "must-have": a way to keep our brains healthy, to support self-regulation and effective decision-making capabilities, and to protect ourselves from toxic stress."
<b><i>Online Extra</b></i><br>Facebook Fine Could Slow Future EU Launches
June 02, 2017
Facebook Inc. received one of its biggest regulatory slaps late last month when European antitrust regulators fined it $122 million for providing misleading statements about its 2014 purchase of WhatsApp. The fine is relatively small compared to Facebook's annual profits, but it does signal a more aggressive regulatory environment in the region.
The DOJ's FCPA Pilot Program Wins Some White-Collar Praise, to a Point
June 02, 2017
Weighing the risks of self-reporting a bribery violation or hiding it has always been a thorny issue for companies. And that's the dilemma at the heart of the DOJ's pilot program for violations of the FCP). While the one-year program has made companies a little more trusting of prosecutors, the decision to self-report a foreign bribe is no less gut-wrenching, according to FCPA lawyers.
