Personal Injury & Medical Malpractice

Expert Analysis

• Opinion

  PG&E’s Bankruptcy Plan Should Not Be Approved

  

  The federal judge overseeing Pacific Gas and Electric Co.’s bankruptcy cannot legally approve the plan agreed to by a group of bondholders and wildfire claimants, because there is no reason to believe that the company will not incur billions of dollars in additional wildfire liabilities in the next few years, says attorney J.B. Heaton.

• ABA Rules For Departing Attys Set Unprecedented Limits

  

  Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

• Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

  

  Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

• 3 Concerns If Your Witness Becomes Flippant At Deposition

  

  In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• NY Sex Abuse Insurance Suit Showcases Possible Arguments

  

  Continental Insurance's complaint against the Diocese of Buffalo in a New York state court raises almost every possible defense an insurer may have against providing coverage to a policyholder accused of sex abuse under the New York Child Victims Act, say Robert Chesler and Pamela Hans of Anderson Kill.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• 2019 Trends In DOJ Health Care Enforcement

  

  Last year, opioid-related enforcement was the U.S. Department of Justice's top priority, in addition to a sustained focus on the prosecution of private individuals and data-driven identification of health care fraud, say attorneys at Mintz.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

• 50 Years Later, Interpretive Challenges Remain For RICO

  

  In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

• Top 5 Drug And Medical Device Developments Of 2019

  

  Attorneys at FaegreBD assess major drug and device law developments from last year, which featured heightened pressure on opioids and vaping, and Federal Trade Commission concerns over plaintiffs' legal ads.

• Opinion

  Time To Factor Families Into New York's Wrongful Death Law

  

  New York state lawmakers should pass legislation that would allow consideration of a family’s mental anguish and emotional loss in wrongful death litigation so that courts are not limited to calculations of a decedent's economic worth or predeath pain and suffering, says David Perecman of The Perecman Firm.

• 7 Ethics Tips For Lawyers' Pretrial Social Media Use

  

  As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

• Opinion

  States Should Not Follow ABA On Attorney Conduct Rules

  

  Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

• How Courts And Litigants Can Benefit From Special Masters

  

  As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.