'New' Avenue for Payment of Medical Care: the Prompt Pay Law
Paul F. Millus writes: The Prompt Pay Law purportedly imposed standards on insurers for the "prompt, fair and equitable" payment of claims for health care services, but has never been user-friendly for...
View ArticleThe eBay Settlement: a Look at No-Hire Agreements
In his Employment Issues column, Philip M. Berkowitz writes: Despite the significant brouhaha over the agreements at issue in 'eBay,' the settlement with the DOJ is far from a death knell for...
View ArticleFederalism Obstacles to Advancing Renewable Energy
In his Environmental Law column, Michael B. Gerrard writes: Many states have been taking steps to increase the use of renewable energy sources. However, because electricity is a commodity in interstate...
View ArticleFlight Delays: Who Pays?
Justices Thomas A. Dickerson and Colleen D. Duffy write: There are three different legal systems which govern the rights and remedies of domestic and iinternational airline passengers. Unfortunately...
View ArticleFalling Object Liability
In his Construction Accident Litigation column, Brian J. Shoot writes: Per a Court of Appeals decision rendered earlier this year, Labor Law §240(1) applies only if the plaintiff demonstrates that the...
View ArticleWarrant; Privilege; Bankruptcy Case and Ponzi Scheme
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent decisions that suppressed evidence seized pursuant to an insufficiently particular search warrant, upheld an order...
View Article'Unreliable' Articles, 'Trial By Literature' Revisited
In his Complex Litigation column, Michael Hoenig writes that sooner or later, much of expert testimony boils down to what experts have read or learned or confirmed from writings, an enhancement of...
View ArticleThe Growth Problem
Ward Bower, a principal with Altman Weil, writes: Conventional wisdom in management circles has held for decades that professional service firms are "grow or die" businesses. Either the organization...
View ArticleOptimistic Expectations Are Playing Out, But Struggles Linger
Christine Simmons, a New York Law Journal reporter, writes: A quarter of the way into 2014, several leading New York attorneys said their firms are on target for promising returns this year. But a...
View ArticleChanges to New York's Estate and Trust Income Tax Laws
In their Trusts and Estates Law column, C. Raymond Radigan and David R. Schoenhaar write: Just as we were getting used to the permanent federal estate tax changes enacted in 2013, practitioners are...
View ArticleInternational Arbitration Under the Bermuda Form
John Fellas discusses the origins of the Bermuda Form, an excess liability insurance policy; some of its key provisions; and some considerations that bear on the arbitration of Bermuda Form disputes.
View ArticleThe Future of the Business of Law
Ed Poll, principal of LawBiz Management, writes: The legal profession continues to contend with everything from a supposed excess supply of lawyers to fee pressures and collections. Both large law...
View ArticleBuyers, Influencers and Gatekeepers
Silvia Hodges Silverstein, vice president, strategic market development, at Sky Analytics, writes: The involvement of procurement is one of the side effects of a power shift to the client since the...
View ArticleWhat to Expect From a Democratic Majority at FTC
In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte review each FTC commissioner's policy hot spots, core antitrust principles and perspectives on proof, with particular...
View ArticleAre Search Engine Results Protected Speech?
In their Technology Law column, Richard Raysman and Peter Brown discuss a recent Southern District holding that a search engine had the right to exclude certain types of content from its results, two...
View ArticleThe Common Law of Legal Malpractice and Fraud
Andrew Lavoott Bluestone writes: Legal malpractice has an ancient and noble heritage. There are no particular statutes in this area; courts rely exclusively on the common law when scrutinizing the...
View Article'Jinx-Proof' and 'Reservation of Rights Letters'
In their Insurance Law column, Norman H. Dachs and Jonathan A. Dachs review the Court of Appeals' recent holding on reservation of rights letters, and whether the letter in question, which "contained...
View ArticleStandard for Attorney Fees in Patent Litigation
In his Intellectual Property Litigation column, Lewis R. Clayton reviews recent decisions of interest, including the U.S. Supreme Court's holdings that should be music to the ears of those who complain...
View ArticleSenior Housing Facility Management Agreements
In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella outline some of the key features that are negotiated as part of senior housing management agreements—fee structures,...
View ArticleRealty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law, reviews 'Saccheri v. Cathedral Properties,' dealing with a damage claim in a wrongful...
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