Employee Bad Acts
November 02, 2014
In last month's newsletter, the author began discussion of medical institutions and their liability exposure for the bad acts of their employees by highlighting the notorious case of nurse Charles Cullen. He admitted to deliberately killing at least 40 patients, yet the plaintiffs who sued the last hospital that employed him were unable to recover because they could not prove causation. Are all such cases doomed?
Practice Tip: Heart Health and Divorce
November 02, 2014
A recent study of more than 3.5 million Americans revealed that divorced couples are more likely to suffer from heart-related health problems as compared with their married counterparts.
If You're Not on Facebook, You're Committing Malpractice
November 02, 2014
Imagine you're cross-examining a witness about a phone call, but you've never used a telephone before. Ridiculous, right? But is it any different than wading into a new client matter where social media communications are at issue without having ever used social media?
Law Firm Security Pressures Alleviated With Financial Strategies
November 02, 2014
We know the consumer-industry stories of hackers infiltrating Target and, more recently, Home Depot. Law firms are now at the center of the storm because they store some of their clients' most sensitive business information and are viewed by criminal elements as a less-defended path to that data. Firms must take care to understand and respond to evolving security trends with response strategies.
Did the Affordable Care Act End the Collateral Source Rule?
November 02, 2014
This article explores the possibility that as cases are litigated under the Affordable Care Act, there is an opportunity for a change in the collateral source rule and the corresponding impact on the presentation of damages in personal injury cases.
Gendered Dress Codes
November 02, 2014
While employers always need to keep in mind differing obligations under state and federal anti-discrimination statutes, the potential pitfalls for employers with regard to transgender employees are enormous.
Digital Signatures In the Legal Market
November 02, 2014
Automated signing solutions are all around us: at the supermarket checkout; when we receive a package; at the doctor's office. Despite this, paper-based signing still finds its way into our regular operations, and too often remains there unquestioned.
Broadway Musicals Economics
November 02, 2014
Being an investor, producer or creator involved in a Broadway musical ' whether a new show with original music and lyrics, a "catalogue/jukebox" musical using pre-existing songs or a revival ' may yield enormous amounts of money, both short term and long term, if the show is a hit, but can result in enormous financial losses if it fails to attract an audience.
Over-Secured Lenders and Requests for Attorneys' Fees
November 02, 2014
The United States Court of Appeals for the Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
