Sometimes, challenging clients need to be challenged.
Whether encouraging candid client conversations or reining clients in during depositions, it’s important to keep the ultimate goal in mind: success.
In this episode of...more
Float like a butterfly, sting like a . . . Swifty? From Muhammad Ali’s masterful prowess in the ring to Taylor Swift’s re-recorded classics, the art of counterpunching has long been portrayed in societal—as well as...more
Trial lawyers are constantly developing dynamic litigation strategies and using new technologies in the courtroom.
Whether we like it or not, litigation is becoming more like a reality TV show, with video depositions...more
The last two years have provided legal professionals with a crash course in the remote practice of law. Attorneys and judges have been forced to navigate COVID-19 protocols and adapt to the rapidly changing legal landscape in...more
Last month, former attorney Michael Avenatti was sentenced to four years in prison for stealing about $300,000 from his client, Stormy Daniels. But Mr. Avenatti was already serving a thirty-month prison sentence for...more
Breathless headlines warn of the “Great Resignation” or a “Resignation Apocalypse” that will soon empty cubicles all around the nation. Exaggerated as these reports may be, there is a kernel of truth to these warnings, and...more
On January 12, 2022, the closely watched Nevada lawsuit filed by emergency medicine providers against one of the largest health insurance companies in the world—UnitedHealthcare Insurance Company—was again the focus of...more
On September 30, 2021, the federal Departments of Treasury, Labor, and Health and Human Services issued “Requirements Related to Surprise Billing; Part II,” the second in a series of interim final regulations (the “Second NSA...more
On September 30, 2021, the federal Departments of Treasury, Labor, and Health and Human Services issued “Requirements Related to Surprise Billing; Part II,” the second in a series of interim final regulations (the “Second NSA...more
Imagine this: You litigate a case for years. Your opponent wins summary judgment. You appeal. The appellate court agrees that the summary judgment was erroneous and remands for trial. On remand, your opponent argues that the...more
Congratulations—you’ve been sued again. This time it’s in federal court under the Lanham Act. You review the complaint, and while it’s not outrageously frivolous on its face (which we previously discussed here), it’s also not...more
Congratulations. You’ve been sued in court in New Jersey. To make matters worse, the complaint is full of lies. Not distorted versions of the truth or someone’s interpretation of events that actually occurred, but outright...more
10/2/2020
/ Defamation ,
Duty of Candor ,
Exceptional Case ,
False Statements ,
Fee-Shifting ,
Frivolous Lawsuits ,
Lanham Act ,
NJ Supreme Court ,
Quasi-Judicial Process ,
Rule 11 ,
Rules of Professional Conduct
The Supreme Court of New Jersey unanimously held in Linda Cowley v. Virtua Health System (A-47-18) (081891) that the “common knowledge” exception of the Affidavit of Merit Statute applies only when a simple negligence...more
On March 23, 2020, Governor Phil Murphy signed Executive Order 109, which “limit[ed] non-essential adult elective surgery and invasive procedures, whether medical or dental, [in order to] assist in the management of vital...more
Consumer complaints regarding alleged price gouging have been increasing as the COVID-19 pandemic continues. Generally, price gouging occurs when there unreasonable increase the price of a consumer good (or service) during a...more
5/3/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Corruption ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Supply and Demand ,
Supply Chain ,
Unfair or Deceptive Trade Practices ,
White Collar Crimes
Imagine these scenarios:
- Your company cannot perform a contract because of the COVID-19 pandemic.
- A vendor informs you that she cannot provide your company with necessary goods because of supply chain issues caused...more
3/30/2020
/ Act of God ,
Business Interruption ,
Contract Terms ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Impracticability ,
Performance Standards ,
Supply Chain
Across the nation, authorities are scrambling to meet the new challenges posed by COVID-19. The United States Centers for Disease Control and Prevention (“CDC”) has recommended that individuals remain six feet apart in order...more
On Monday March 23, 2020, President Donald Trump signed an executive order aimed at preventing hoarding and price gouging. Attorney General William H. Barr indicated that the order is authorized under the Defense Protection...more
As the coronavirus spreads throughout the country, hospitals and other health care providers are finding themselves inundated with patients. Those providers who are in-network with payors have and will likely continue to...more
3/23/2020
/ Blue Cross ,
Blue Shield ,
Coronavirus/COVID-19 ,
Cost-Sharing ,
Diagnostic Tests ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Health Care Providers ,
Hospitals ,
Prior Authorization ,
Provider Payments
At the time of publication, at least twenty four states, plus Washington D.C. have declared states of emergency related to the novel coronavirus (“COVID-19”), with that number growing by the hour. In addition to making more...more