To Settle or Defend
January 31, 2015
When trying to make a reasoned decision about whether to settle or defend a medical malpractice claim, there are a number of things that should be taken into account. In this regard, the authoroffers eight factors to consider, four of which were addressed in last month's newsletter. The discussion concludes herein.
Getting to Zero
January 31, 2015
The question of how to manage paper records ' both onsite and off ' is probably the greatest hurdle faced by many of our clients. For most areas of back-office operations not running optimally, firms can outsource or hire a new manager and typically solve the problem. This is not the case for paper records.
How to Work with a Business Development Coach
January 31, 2015
Many firms are stepping up their business development game, often pressing greater numbers of lawyers to be actively engaged in, and accountable for, developing business.
The Right to Associate in the Defense
January 31, 2015
The "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.
Can the EEOC Be Trusted to Police Its Own Compliance?
January 31, 2015
The EEOC has an express statutory duty to attempt to secure, in good faith, a conciliation agreement with an employer as a precondition to filing a lawsuit. In some cases, however, the EEOC has approached conciliation in a "take-it-or-leave-it" manner, making unreasonable demands while threatening to file suit and issue a press release, which can inflict significant reputational harm on the employer.
'Unreliable ' Articles, 'Trial by Literature ' Revisited
January 31, 2015
The reliance upon, and use of, unreliable hearsay literature by expert testifiers is a challenging topic that cuts across the spectrum of complex litigation. Often, the literature is comprised of technical or scientific articles published in some journal with a claim that the published work product has been "peer reviewed." The problems seem to have exacerbated.
Cameo Clips
January 31, 2015
Texas Court of Appeals Upholds Ruling for Lawyer Defendant in Malpractice Suit over TV Network Stock Dispute<br>TV Executive Can't Get Punitive Damages from Alleged Fraud in Hiring
Development
January 31, 2015
A case in which a challenge to a positive SEQRA determination was not ripe.
Law Firm Leaders Struggle with Setting Firmwide Rates
January 31, 2015
Rate-setting has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates, and alternative fee deals are a growing part of firm revenue.
