News & Analysis as of

The Supreme Court Strikes Down the Mercury and Air Toxics Standards

While the Court’s decision marks a symbolic defeat for EPA, it may not significantly alter power plant operators’ compliance efforts. In a much anticipated decision delivered on the last day of the term, the Supreme...more

Will Personalized Medicine Survive Alternative Payment Models?

There is no doubt that health care costs in the United States are rising. According to a recent study published by the U.S. Department of Health and Human Services, personal health care expenditures in the United States...more

The Cost of a Data Breach

In 2014, the Ponemon Institute published the 2014 Cost of Data Breach Study that includes interesting cost information related to remediation efforts undertaken by 61 companies that operate in the United States....more

Abbott v. Banner Health Network - Hospitals Cannot Place Liens on AHCCCS Patients’ Third Party Recoveries

The Arizona Court of Appeals recently handed down this decision holding that hospitals that accept payment from the Arizona Health Care Cost Containment System (“AHCCCS”) for services to AHCCCS patients cannot later impose or...more

Anatomy of an Independent Primary Care ACO – Part II

Our Secret Weapon and Our Biggest Disappointment - In our last column, we highlighted the Rio Grande Valley Health Alliance, an accountable care organization in McAllen, Tex., composed of 14 independent primary care...more

What Ails the Large Law Firm? Will the Real FutureFirm Please Stand Up

What Ails Big Law?” was written in the early summer of 2009, shortly after the completion of FutureFirm 1.0 — a “collaborative competition” in which teams of law firm partners, in-house lawyers, and junior associates competed...more

Sold-Out RGGI Auction Triggers Cost Containment Reserve (Which Sells Out, Too)

Last week’s auction of CO2 allowances by the Regional Greenhouse Gas Initiative (RGGI) was the 23rd in the program’s history, but the first auction under the new RGGI rules and reduced cap. The new rules undoubtedly explain...more

California Court Denies Summary Judgment on Known Conditions Exclusion

In its recent decision in Lennar Mare Island v. Steadfast Ins. Co., 2014 U.S. Dist. LEXIS 26405 (E.D. Cal. Feb. 28, 2014), the United States District Court for the Eastern District of California had occasion to consider the...more

Seven Things You Should Know About Arbitration Clauses

Arbitration clauses are routinely added to commercial contracts, but often with very little reflection on the many strategic and tactical issues that should be considered. Further, there is a great deal of misunderstanding of...more

Ediscovery Year(s) in Review: The Bigger Picture from 2008—2013

While there is significant value in knowing the latest trends in ediscovery case law, I’m reminded of one of my favorite law school professors who always stressed that I try to see the forest for the trees. In other words,...more

ESI & Electronic Discovery - October 3, 2013

The emergence of mid-size firms outside the major metropolitan areas as players in the Ediscovery market is coming. Clients who are tired of soaring document hosting and review costs associated with Big Data will appreciate...more

Patent Drafting Secrets – Techniques and Templates

Patent Drafting Secrets – Techniques and Templates, a book co-authored by Lewis and Roca patent attorney Samantha A. Updegraff, is now available on Patent Drafting Secrets - Techniques and Templates was designed...more

Healthcare Law -- May 21, 2013

Clearing up the Rumors around Health Reform Delays: What Really Happened, What Won’t and Steps Employers and Insurers Can Take Now - Rumors are flying in health policy circles that the Obama Administration might delay...more

In Site Spring 2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the...more

Despite the ACA’s Cost-Saving Measures, Modest Increases in Health Care Costs Unlikely to Continue

Earlier this week, the Kaiser Family Foundation and the Altarum Institute’s Center for Sustainable Health Spending published an analysis of the recent slowdown in health care spending. The study asserts that macroeconomic...more

Budgeting for Litigation

Now, more than ever, businesses are confined by their budgets. Long gone are the days of the blank check for many business expenses, and that includes litigation. If businesses need to live by budgets, so to should the law...more

M*A*S*H and Triage in Your FCPA Investigation Protocol

One of the things that I learned from the television series M*A*S*H was the need for triage. In the hospital setting, triage is the process of determining the priority of patients’ treatments based on the severity of their...more

CEQA Reform Update

This year has seen more momentum for CEQA reform than in many previous years. California’s economy has placed a spotlight on the burdens that environmental regulations and litigation, particularly CEQA litigation, impose on...more

Jackson Reform Implementation Imminent

Billed as the most wide-ranging changes to the civil litigation system since 1999, radical reforms following a review by Lord Justice Jackson will come into effect in England and Wales on 1st April 2013....more

Arbitration or Arbitrary? A Guide to Help You Decide Whether to Arbitrate Construction Disputes

When will mankind be convinced and agree to settle their difficulties by arbitration? - Benjamin Franklin As a general rule, I am almost convinced that all disputes in the construction context should be settled by...more

LPOs Stealing Deal Work from Law Firms  [Video]

Feb. 8 (Bloomberg Law) -- Legal process outsourcers (LPOs) and other alternative legal service providers are beginning to take the bread-and-butter of large law firms -- handling whole mergers and acquisitions, not just the...more

A Better 2012 for BigLaw (With Big Asterisks)  [Video]

Feb. 7. (Bloomberg Law) -- Law firm profits at a selection of the nation's largest firms increased by 4.3 percent in 2012, but "we do have some concerns about what drove the results," Dan DiPietro, chairman of Citi Private...more

Law Prof: Schools May Close if 2-Year Program Adopted  [Video]

Jan. 25 (Bloomberg Law) -- A proposal to allow students to leave law school after two years, take the bar and practice could lead to fewer law schools, according to one of its authors, Professor Samuel Estreicher of New York...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Fall 2012 - Volume 10, Issue 4: Conducting Efficient Patent...

The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront planning, preparation, and coordination between in-house and outside...more

Divorce Mediation eBook

We are excited to announce the publication of our new eBook on Divorce Mediation. Learn what the many benefits are by getting a divorce through mediation versus a long, expensive and protracted contested divorce. See also how...more

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