Legal Research

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Medical Malpractice
Tuesday, April 7, 2009
By Thomas A. Moore and Matthew Gaier

"Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that cases involving a doctor who, when examining an individual on behalf of a third party, commits an affirmatively negligent act that causes direct injury to the person being examined are fairly straightforward. Determining the liability of a doctor who makes an affirmative representation regarding medical findings or gives affirmative advice for treatment to the person being examined, which the person then relies upon, is more complicated, and warrants an examination of those cases in which such claims have been recognized and those that have been rejected."

White-Collar Crime
Tuesday, April 7, 2009
By Robert G. Morvillo and Robert J. Anello

"Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: The lack of second chances in the federal system is unnecessarily harmful to the individual and to society. Under the current approach, rehabilitated, productive people are needlessly sidelined and marginalized based on a single and sometimes youthful instance of poor judgment. Before its repeal 20 years ago the Federal Youthful Offender Status laws provided a possible second opportunity. Today, no amount of restitution, good living or penance permits a court to provide any relief."

OUTSIDE COUNSEL:

Fiduciary Duties of Directors Of Distressed Companies
Tuesday, April 7, 2009
By Douglas H. Flaum and Shahzeb Lari

"Douglas H. Flaum, a partner at Fried, Frank, Harris, Shriver & Jacobson, and Shahzeb Lari, an associate at the firm, write that although Delaware law is well-established that corporate directors generally owe fiduciary duties only to the corporation and its shareholders, the scope of those fiduciary obligations - particularly their extension to corporate creditors - once the company is in the so-called 'zone of insolvency' or is insolvent is less well-defined." 

TECHNOLOGY TODAY:

 Privacy Concerns
Tuesday, April 7, 2009
By David Bender

" David Bender, a solo practitioner, writes that targeted advertising has now become so prominent that it is no longer able to fly below government radar. With the release of a recent report, the FTC has indicated that if the industry fails to impose reasonable self-regulation - and soon - Congress may enact legislation, and the FTC will probably embed its currently-suggested principles in a regulation. Accordingly, this could indeed be the industry's 'last clear chance.' "