Litigation Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Litigation.


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Practical and Legal Aspects of Debt Collection in Ukraine

  July 29, 2014     By Legiteam Law Agency LLC
Despite all the current geopolitics, trade goes on in Ukraine, but what if you are an exporter and have concerns about repayment?

Hong Kong Court Orders Ernst & Young to Disclose PRC Audit papers

  July 28, 2014     By Angela Wang & Co.
On 23 May 2014, the Court of First Instance ordered the Hong Kong office of Ernst & Young (“EY”) to produce, certain audit working papers and underlying accounting documents from its Chinese affiliate to the Securities and Futures Commission (“SFC”) pursuant to notices under section 183 of the Securities and Futures Ordinance (“SFO”).

People’s Republic of China Arbitration Clause – No Room for Ad Hoc?

  July 23, 2014     By John Oneil International
The People’s Republic of China (PRC) rules on arbitration requires arbitration by an institution. Therefore for China based arbitration this usually means arbitration through the China International and Trade Arbitration Commission (CIETAC).

Lessor Beware: Estoppel by Deed in Oil and Gas Leases Comes to Pennsylvania

  July 21, 2014     By Harper J. Dimmerman, Esquire - LLF
This case illustrates the critical need of a grantor to know the exact extent of his or her ownership interest when conveying an ownership or leasehold interest.

Civil Litigation in Italy

  July 19, 2014     By Studio Misuraca, Attorneys Firm
In order to start a debt collection or a civil lawsuit in Italy is necessary to consider the rules contained in Italian "Codice di Procedura Civile" (Codes of Civil Procedure, C.P.C.).

Georgia Court of Appeals Denies Grading Contractors' Claims

  July 15, 2014     By Cobb Law Group
A grading subcontractor was not paid for putting in the roads in a new subdivision; after the construction lender foreclosed upon the project developer, the subcontractor sought payment from the bank. After the trial court awarded the subcontractor its full claim plus attorneys fees, the Georgia Court of Appeals reversed. Some very important lessons for subcontractors and lien claimants are made clear in the ruling.

Zoloft Lawsuit for Birth Defects Related to the Use of Sertraline

  July 15, 2014     By Abbott Law Group, P.A.
Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.

Medical Malpractice Law in the United Arab Emirates

  July 12, 2014     By STA Law Firm
“The malpractice is an error occurs due to the unfamiliarity of a practitioner with the technical aspects which each practitioner is assumed to be familiar with, due to negligence or paying insufficient efforts”.

Nailing Down Independent Contractor Status

  July 11, 2014     By Berger Kahn, A Law Corporation
Although percentage-based pay may create desirable incentives from an employer’s standpoint (and eliminate the need to pay employees for down time), this strategy can result in significant potential liability, including possible exposure to class action lawsuits. This may even be turning into a nationwide trend (with salon workers pursuing similar wage and hour claims in New Jersey and New York).

Guidance by the Ministry of Justice on Apostille and Cyprus Public Documents

  July 9, 2014     By Harris Kyriakides LLC
The Ministry of Justice and Public Order, which is the public authority designated as a Central Authority for the purpose of implementation of the Hague Convention of the 5th of October 1961 on the Abolition of the Obligation for Legalization of Foreign Public Documents (enacted in Cyprus through Laws 50/72 and 91/72) (the “Hague Convention”), has recently issued informative guidelines regarding the placement of apostille on Cyprus public documents.

Wrongful Death at Sea: Liability, Non-Pecuniary Damages, and Survivors’ Legal Remedies

  July 8, 2014     By Harris & Moure, PLLC
The recent U.S. District Court (Western District of Washington) case of Michael Mechling, et al. v. Holland America Line, Inc., highlights two key factors in determining legal remedies for survivors of nonseafaring individuals who suffer fatal injuries at sea.

8 Simple Changes To Improve Your Construction Contracts

  July 8, 2014     By Cobb Law Group
In today's cut-and-paste world, even leading contract attorneys make mistakes. If you want to make your contracts easier to read and promote a problem-free project, then consider implementing some of the changes which we have suggested here.

Class Action Lawsuit Against Life Partners Will Move Forward Following Judge’s Ruling

  July 7, 2014     By Heygood Orr & Pearson
A Texas judge has rejected a motion by Life Partners Holdings, Inc. to toss a class action lawsuit filed by investors who allege they were misled by the life settlements company. Three Life Partners executives were also named in the lawsuit, which alleges that the company fraudulently misrepresented the nature of life settlements that were sold to investors, making them appear more valuable than they actually were.

Don't Make a Mistake--Read Your Contract

  July 2, 2014     By Cobb Law Group
Last week, the Georgia Court of Appeals rendered a decision which is detrimental to subcontractor who do not thoroughly read and understand their construction contracts. The contract included a provision which made the individual signing the contract on behalf of the subcontract company personally liable for the contract's performance. The court permitted this provision to be enforced against the signatory.

Is ASC Litigation on the Rise?

  June 12, 2014     By Law Offices of Robert J. McGuirl, LLC
In this article we will take a look at the current climate for free-standing, independently-owned physician surgery centers predominately in New Jersey, but affecting many areas of the country, and why it may be the harbinger for increased litigation to come. We’ll highlight a few of the recurring legal issues which tend to arise and take a look at some of the more common and fertile areas for litigation.

Love Hurts, and so Can Confidentiality

  June 10, 2014     By Yanger Law Group, P.A.
When you agree to say nothing to anyone, say nothing. To anyone.

Goose Bumps, Conundrums and My Happy Place - Words Matter

  June 10, 2014     By Yanger Law Group, P.A.
If you own a business, do business with a business, enter into contracts as a business or for a business, or if your livelihood now and for the foreseeable future depends upon what that thing you’re signing actually says, words matter.

The Problem Militating Against the Growth of Arbitration in Nigeria

  June 10, 2014     By Strachan Partners
Unlike commercial litigation where litigants spend many years in court for their dispute to be resolve by a Judge, an arbitration proceeding is fast and flexible. The parties agree on the process of resolving their dispute. Arbitration proceedings are confidential and an arbitral award is not subject to appeal. Notwithstanding the advantages of arbitration over litigation, there are many challenges facing Arbitration as a means of resolving commercial disputes in Nigeria.

The Scent of Jasmine

  June 10, 2014     By Chung, Malhas & Mantel, PLLC
I rose to shake hands with my client and asked her to sit down. You see, at first I didn’t recognize her. It was only when I glanced down at her hand and saw the ring that I knew it was she. An old and now estranged friend had given it to her.

An Appraisal of the Causes and the Panacea to Nigeria's Growing Interconnect Debts

  June 10, 2014     By Strachan Partners
The deregulation of the telecommunications sector in 2001 led to the issuance of telecom licenses to major telecom providers in Nigeria. Unlike the pre-deregulation era which was characterized by poor services by NITEL, Nigeria’s sole telecom provider, there has been an increase in international trade and investment as a result of the telecommunication revolution. The adverse effect of this is the staggering amounts of interconnect debts in Nigeria’s telecommunication sector.

Use of a Defendant's Grand Jury Testimony at Trial in New York

  June 7, 2014     By The Law Office of Mahmoud R. Rabah
A practitioner must always be cognizant of the possibility of a defendant's Grand Jury testimony being used at trial. This article explains how it is that this can happen.

New Rules in Albania for Combating Late Payment in Commercial Transactions

  June 2, 2014     By CLO - Legal Solutions
Invoices released to business and public entities are now an executive title in Albania.

Arbitration: Your Counterparty is a Resident of Ukraine

  May 28, 2014     By Kydalov & Partners
Particularly, Ukraine, as the successor of the USSR, is the co-signatory of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) and the European Convention on International Commercial Arbitration of 1961, and the Law of Ukraine "On International Commercial Arbitration" almost verbatim repetition of the Model Law UNCITRAL "On international Commercial Arbitration" of 1985.

Corporation Ordered to Pay €205,694, in Lieu of Salaries and Repatriation Expenses

  May 27, 2014     By CSB Advocates
Last month Judge Padovani Grima ordered the Ladybug Corporation to pay the 22 crew members, the sum of €205,694, in lieu of salaries and repatriation expenses, after that the owners had stopped communication with the International Transport Workers’ Federation, refused to take calls and had abandoned the crew and vessel.

Technology & Communications Law - Malaysia

  May 26, 2014     By Brijnandan Singh Bhar & Co
A basic insight into the laws of technology and communications in Malaysia.

Five Points You Should Know About the Cheques (Checks) in the UAE

  May 26, 2014     By Al Rowaad Advocates & Legal Consultancy
The payment of the cheque (check in American English) should not be conditional. Whereas, if the payment of the cheque was related to some conditions, and those conditions were not fulfilled, the cheque will still remain due on its date

Cheques (Checks) in the UAE

  May 26, 2014     By Al Rowaad Advocates & Legal Consultancy
Cheque (Check in American English) is a replacement for money. It is one of the most common methods to execute payments especially in commercial transactions. Since a cheque is meant to replace money, people must have trust in it. Therefore the UAE penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime.

Deconstructing the “Act of Production” Doctrine

  May 22, 2014     By DeBlis & DeBlis
Tax cases are document-intensive cases. As any white-collar criminal defense attorney knows all too well, summonses and grand jury subpoenas routinely seek documents. And there is a good reason why. If the government cannot get the requested documents, it often cannot make a case. It is for this reason that the seminal issue in document production cases is whether the taxpayer has a Fifth Amendment privilege with respect to documents that he possesses.

Questions to Ask Your Personal Injury Lawyer

  May 20, 2014     By Ankin Law Office, LLC
If you were injured in a personal injury accident, you are probably swimming in a sea of questions. What do I do next? Should I file a legal claim? Can I recover compensation? The first step in getting those questions answered – and possibly recovering money damages – is to meet with a personal injury lawyer.

Council Adopts European Account Preservation Order

  May 14, 2014     By Harris Kyriakides LLC
The Council of the EU adopted yesterday the regulation establishing a European Account Preservation Order.

Cyprus New Limitation of Actions Law

  May 13, 2014     By Stelios Americanos & Co LLC
It is common amongst common law jurisdictions to have laws that prescribe the maximum time after an event that legal proceedings based on that event may be instigated. This is called a statute of limitation of actions.

Healthcare Fraud Whistleblower Lawsuits Plentiful

  May 12, 2014     By The Evans Law Firm, Inc.
A large portion of the whistleblower lawsuits that are filed are related to the healthcare industry. The government funding of Medicare and Medicaid has lead to the large number of complaints related to healthcare fraud.

Ten Ways To Avoid Becoming a Guest of “Club Fed”

  May 2, 2014     By DeBlis & DeBlis
Contrary to popular belief, the IRS doesn’t want to throw you in jail. Criminal investigations consume a lot of resources, take time, and are expensive. For most taxpayers, a criminal investigation isn’t a first step, but rather the last step in a lengthy process to get you to resolve your tax debt. In other words, it’s rare that an agent will show up on your doorstep one day with cuffs in hand.

Voter ID Law Strike Down a Victory for Justice

  May 1, 2014     By Shapiro, Goldman, Babboni & Walsh
When a federal judge ruled that a voter ID law citing it violated the U.S. Constitution’s guarantee of equal protection, they upheld the rights of all in the face of political motives.

What Should I Do When I Have Been Served With a Lawsuit?

  April 29, 2014     By Boling Rice LLC
Being served with a lawsuit whether the lawsuit is against you personally or against your business is a stressful thing. While the summons and complaint give you instructions on your deadline to respond to the complaint, those instructions are not complete. This article will help you remain calm when you are served with a lawsuit in Georgia by providing you with more detail on your rights after you have been served.

Azerbaijan Is on Its Way to Creating Ambitious Electronic Court System

  April 26, 2014     By Remells Law Firm
Azerbaijan is creating its electronic court system. The President of the country issued the respective order (the “Order”) back few months ago . The Order lists the elements of the system. It should include electronic filing, case tracking, notifications, electronic cabinet etc.

Supreme Court Upholds Michigan Ban on Affirmative Action

  April 25, 2014     By Kassouni Law
A common law system (one where previous court opinions define the meaning of the law) can be very useful. It can also result in some rather bizarre arguments being taken seriously, and even garnering the support of some members of the Supreme Court. Case in point: the plaintiffs position in Schuette v BAMN which the Supreme Court decided this week.

MH370 - The Montreal Convention from a Malaysian Perspective

  April 24, 2014     By Brijnandan Singh Bhar & Co
An insight for the unfortunate whose relatives were traveling on MH370.

Testosterone Lawsuits Continue to Rise

  April 23, 2014     By Ankin Law Office, LLC
Testosterone lawsuits continue to rise, with new lawsuits filed against the manufacturers of Testim and AndroGel earlier this month. Just a few years ago testosterone was hyped as some kind of miracle drug for men, but new evidence has come to light indicating at testosterone is linked to increased stroke and heart attack risk and a number of other serious side effects.

Most Common Personal Injury Accidents

  April 23, 2014     By Ankin Law Office, LLC
Millions of people are injured or killed in personal injury accidents every year. Personal injury claims fall under the umbrella legal discipline of tort law, which establishes liability for negligent or intentional misconduct that result in injuries, deaths, or damages.

Bilateral Arbitration Treaties: A Few “Bits” More and No “Buts” within the Portuguese Jurisdiction

  April 22, 2014     By BCH Lawyers
In his “Kiev Arbitration Days” after-dinner speech in November 2012 (“BITS, BATS and BUTS”), Gary Born presented a suggestion that can leave no one indifferent (speech published as “Essay” by Young Arbitration Review, March 2014 Edition). His idea is to take advantage of the legal framework and experiences gained from the world of investment arbitration and bring that framework and those experiences into international commercial arbitration.

New Study Shows that Testosterone May Have Negative Impact on Brain

  April 17, 2014     By Ankin Law Office, LLC
Testosterone has been linked to a number of serious side effects, including stroke and heart attack, and now a new study has found that the use of testosterone in certain men may have a negative impact on the brain.

Recognition of Foreign Judgments in Poland

  April 17, 2014     By Philips Law Office
The foreign judgment depending on its nature shall be a subject to different procedures with a view to its enforcement in Poland. In simple terms those judgments in general could be divided into three groups: property related, being a subject to execution by enforcement proceedings, non-property related (e.g., divorce and other judgments in family affairs) and inheritance.

Testosterone Lawsuits Go Before Judicial Executive Committee

  April 11, 2014     By Ankin Law Office, LLC
Testosterone lawsuits continue to mount against the makers of various testosterone supplements, and a Judicial Executive Committee was recently created to centralize at least 30 of those lawsuits which allege that testosterone caused heart attacks, strokes, and other injuries. The consolidated cases are pending before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois.

Mediation in Turkey: An Alternative Method for Dispute Resolution

  April 10, 2014     By Herdem Attorneys at Law
Mediation as an alternative dispute resolution has been regulated by European Union Directive 2008/52/EC providing the application of mediation for civil and commercial cases in the member states of the European Union ("EU"). In some of the Member States of the EU the mediation is recent and has been regulated short time ago by their national laws and mediation has been enacted by a separate law.

Dealing with Harassment from Debt Collectors

  April 7, 2014     By Roger G. Jain & Associates, P.C.
The Texas Debt Collection Act and the Federal Fair Debt Collection Practices Act prohibit debt collectors from taking certain actions when dealing with alleged debtors. They also provide remedies for people when collectors fail to comply with the statutes. This article is to help you determine whether a debt collector has violated the law and what you can do about it.

What Temp Workers Need to Know about Workplace Injuries

  April 4, 2014     By Ankin Law Office, LLC
If you are one of the millions of temp workers in this country, you may be unsure of your employment rights, including protections against discrimination, eligibility for workers’ compensation benefits, and wage and hour rights. Temporary workers can rest assured: while you may not have the same job security that full-time employees have, you do have a number of employment rights and protections.

The Dangers of Talc Powder for Women and Children

  April 4, 2014     By Ankin Law Office, LLC
Talc-based powders are used by many women as part of their personal hygiene routine and many parents use baby powder on their infants to prevent diaper rash. Despite the popularity of talc-based products, however, they present many dangers to women and children.

Settling Your Family Law Case When a Settlement Proposal Is in the Margin of Error

  April 2, 2014     By Stange Law Firm, PC
The decision on when to settle a family law case is a difficult one. This article suggests that the time in most circumstances to settle is when a settlement offer is within the margin of error.

Proposed Florida Laws Strip Medical Care Decisions Away from Doctors during Personal Injury Claims

  April 2, 2014     By Shapiro, Goldman, Babboni & Walsh
You could be forgiven for thinking messing around with health care coverage rules was the sole domain of democrats these days, but the new laws which will deeply interfere with the choices a doctor will make and options available for the seriously injured have sprung from the minds of two republican lawmakers.

Androderm Lawsuit Filed in California Court After Testosterone Therapy Linked to Cardiac Events

  March 31, 2014     By Cohen & Malad, LLP
Testosterone lawsuits are being filed across the United States against drug manufacturers like Eli Lilly and Watson Pharmaceuticals who make prescription testosterone. Men claim to have suffered heart attacks, strokes, and pulmonary embolisms after taking prescription testosterone drugs.

Limitation on Enforcement of Judgment Debts in Hong Kong

  March 25, 2014     By Angela Wang & Co.
Pursuant to section 4(4) of the Limitation Ordinance (Chapter 347) (“the Ordinance”), there is a time limit of 12 years for creditors to bring an action on a judgment debt from the date on which the judgment became enforceable. After expiration of the 12 years, no such action can be taken.

Enforcement of Foreign Awards in India

  March 19, 2014     By Rautray & Co.
Prior to the enactment of the Arbitration and Conciliation Act, 1996 (“Act”) the enforcement of foreign awards were governed by the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961 (“1961 Act”). The law on annulment of domestic awards was governed by the Indian Arbitration Act, 1940 (“1940 Act”). The 1961 Act was enacted by the Indian Legislature to implement the New York Convention.

Oregon Stryker Hip Recall Claims

  March 18, 2014     By Wm. Keith Dozier, LLC
Information on Stryker hip implant recalls and asserting claims in Oregon.

Should Testosterone Products Contain a Heart Attack Warning on Labels?

  March 18, 2014     By Ankin Law Office, LLC
In light of recent data indicating that testosterone is dangerous for many men, Public Citizen – a public advocacy group – is calling on the U.S. Food and Drug Administration (FDA) to require black box warnings about heart attack and stroke risks to be included on the labels of testosterone products.

What Women Need to Know About Talc Body Powders

  March 18, 2014     By Ankin Law Office, LLC
Many women use talc-based body power as part of their personal hygiene routine, and they may be putting their health at risk as a result. In a recent study, researchers examined data collected from eight separate studies and found that women who regularly use talcum powder in the genital region increase their risk of ovarian cancer by 24 percent.

What Is the Difference between Personal Injury and Wrongful Death Lawsuit?

  March 12, 2014     By Ankin Law Office, LLC
Accident and injury victims often wonder about their legal rights after an accident. Depending on the circumstances of the accident, the defendant(s) may be liable for money damages in either a personal injury or wrongful death lawsuit. Clients often have a number of questions about the differences between a personal injury lawsuit and a wrongful death lawsuit, and this article explains some of the major similarities and differences.

How Does Malaysian Law Deal With Acts of Piracy at Sea?

  March 12, 2014     By Brijnandan Singh Bhar & Co
Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding Malaysia and what laws apply to this region?

Federal Whistleblower Complaints Can Be Filed Online

  March 10, 2014     By The Evans Law Firm, Inc.
Whistleblowers are now able to file certain complaints online. Whistleblower complaints that are overseen by OSHA can be filed online.

Democratic Republic of Congo: Adoption of New Legislation for Better Industrial Environment

  March 10, 2014     By Emery Mukendi Wafwana & Associates
Adoption of a new legislation for a better industrial environment in the DRC: bill on the rescue of the industry in danger.

Nevada State Athletic Commission Bans Testosterone Replacement Therapy from Combat Sports

  March 8, 2014     By Ankin Law Office, LLC
The Nevada State Athletic Commission (NSAC) has banned testosterone-replacement therapy from combat sports, including boxing and mixed martial arts. The decision was made based on evidence that testosterone unnaturally increases the athlete’s competitive abilities and that it is not a necessary medical treatment for many of its users.

Business Rescue in the New Companies Act of 2008

  March 7, 2014     By Emery Mukendi Wafwana & Associates
The New Companies Act No. 71 of 2008 replaced the old Companies in May 2011. Pursuant to the Amendment of the Old Companies Act, Chapter 6 of the new Companies Act introduces the Business Rescue Procedure (BRP). Business Rescue is a procedure that facilitates the rehabilitation and restructuring of a company that is undergoing financial difficulties. The business rescue procedure aims to maximise the possibility of the business to remain solvent.

Review of The Owner/Design Professional Agreement from The Design Professional's Perspective

  March 3, 2014     By Pohl & Short, P.A.
This article reviews some of the issues addressed in a standard Owner/Design Professional Agreement, outlines concerns from the Design Professional’s perspective, and discusses how the Design Professional can reduce liability on a project and ensure equitable adjustments to the contract price and schedule for changed or additional design services. The agreement contemplated by this article is one to be used as part of a traditional design-bid-build approach.

Talc and Other Dangerous Personal Care Products

  February 26, 2014     By Ankin Law Office, LLC
The cosmetic and personal hygiene industry is a multi-billion dollar industry. The United States cosmetic industry alone is the largest in the world, with total revenue in excess of $54 billion. Unfortunately, not all cosmetic and personal care products are safe for use and some are even linked to serious medical conditions – yet they remain on store shelves. Some of the most dangerous personal care products on the market today are talc-based products.

Johnson & Johnson Found Liable in Baby Powder Lawsuit

  February 26, 2014     By Ankin Law Office, LLC
Talc is used in a number of cosmetic and personal hygiene products, such as baby powder and feminine body powders. But new evidence and a recent lawsuit suggested that, despite its widespread use, talcum powder could be incredibly dangerous.

HK New Companies Ordinance : Changes to Directors’ Duties

  February 25, 2014     By Angela Wang & Co.
The entirely new Companies Ordinance (Cap 622) (“New CO”) will come into force on 3 March 2014. We highlight the New CO’s major changes relating to registration of charges and private limited companies.

The Hidden Risks of Talcum Powder

  February 25, 2014     By Ankin Law Office, LLC
Talcum powder – which is commonly referred to as baby powder or body powder – is a widespread cosmetic and personal hygiene product that has a number of uses. Talcum powder is made from a soft mineral called hydrous magnesium silicate, which is crushed, dried, and then milled. Talcum powder works by absorbing moisture and reducing friction, thereby protecting the skin.

Elder Abuse Hurts Families

  February 24, 2014     By The Evans Law Firm, Inc.
The cycle of violence is hard to break. Problems can occur when a child that was abused becomes the caregiver for the parent that did the abusing. Elder abuse can be the result when a child that was abused is forced to take care of a parent later in life.

Various Means of Reducing Legal Counsel Fees in M&A Projects

  February 21, 2014     By Egorov, Mazavina, Petrov and Partners
Legal counsel fees are usually one of the most wishful targets for reduction by industrial clients. However, not all the clients know how effectively reduce legal fees without loosing appropriate level of comfort and quality of legal services. This article sets out available means of reduction legal counsel fees.

New Administrative Courts in Albania

  February 20, 2014     By LPA Law Firm Albania
Since May 2012 , the Albania Parliament adopted the law on the establishment and functioning of Administrative Courts in all three levels of the judiciary , including the Administrative College of Supreme Court .

Testosterone Shown to Cause Stroke and Heart Attacks

  February 19, 2014     By Ankin Law Office, LLC
Testosterone therapy is used by a number of men believed to have low testosterone levels. Although low testosterone can cause fatigue, decreased libido, and muscle and bone loss, testosterone is sometimes prescribed unnecessarily – which can lead to serious side effects and medical conditions.

Were You Injured After Taking Testosterone Supplements?

  February 19, 2014     By Ankin Law Office, LLC
Testosterone therapy has been linked to a number of serious side effects, including heart attack, stroke, and even death. For men under the age of 65 with a history of heart disease, the risk of heart attack nearly triples when taking testosterone supplements and doubles for men over the age of 65 even if they have no history of heart disease.

Liability for Testosterone and Other Unsafe Pharmaceuticals

  February 19, 2014     By Ankin Law Office, LLC
The use of testosterone replacement therapy has increased exponentially in recent years. In fact, the Washington Post reports that the number of men starting testosterone therapy has almost quadrupled in the United States since 2000. But new data has also come to light indicating that the use of testosterone therapy can be dangerous, particularly to men over the age of 65 and men with a history of heart disease.

Serving Judicial Documents in China

  February 18, 2014     By WiseLink Law Firm Shanghai
Giving legal notice to a defendant in a court proceeding is an important part of many civil and commercial lawsuits. Here is some guidance on the different ways judicial documents can be served on a party of a court proceeding in China.

Six California Residents Arrested For Financial Elder Abuse Scams

  February 17, 2014     By The Evans Law Firm, Inc.
Six California residents have been arrested for scams that targeted senior citizens. The suspects were arrested in southern California.

Should I Sue for my Auto Accident Injuries?

  February 11, 2014     By Ankin Law Office, LLC
If you were injured in a car accident, you may be facing mounting medical bills and be unable to work. In addition to the physical pain that you are in, you may also be angry and confused about what to do next. Many car accident victims wonder if they should accept an insurance settlement or pursue legal action by filing a personal injury lawsuit.

Do Electronic Medical Records Impact Medical Malpractice Lawsuits?

  February 11, 2014     By Ankin Law Office, LLC
According to some experts, research shows that electronic health records “improve quality and safety and, as a result, prevent adverse events and reduce the risk of malpractice claims.”

Disagreement About Handling of California Caregiver Abuse Cases

  February 10, 2014     By The Evans Law Firm, Inc.
Long -term care advocates and officials disagreed at a recent Assembly hearing.

Fair Use in Trademarks

  February 3, 2014     By IP Law Click, PC
Unlike copyrights, the defense of fair use in trademark law is relatively new and not as developed.

Los Angeles Assisted Living Facility Held Responsible for Injuries of Resident

  February 3, 2014     By The Evans Law Firm, Inc.
A Los Angeles County assisted living facility has been ordered by a judge to pay a woman who was injured by a fall.

Incorporating IBA Guidelines Into A “Code of Ethics”: A Step Too Far?

  February 1, 2014     By BCH Lawyers
The Board of Directors of the “ACL Arbitration Centre” (the Arbitration Centre of the “Portuguese Chamber of Commerce and Industry – Lisbon Commercial Association”) recently approved a new set of rules for arbitration proceedings administrated under its auspices.

Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act

  January 31, 2014     By Kassouni Law
Appeals Lawyers Analyze Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act.

An Overview of Arbitration Procedure and Practice in Malaysia

  January 31, 2014     By Brijnandan Singh Bhar & Co
A basic insight into Arbitration practices and procedures and how Malaysia is slowly yet steadily following international guidelines on Arbitration.

Health Care Industry the Target in Whistleblower Lawsuits

  January 27, 2014     By The Evans Law Firm, Inc.
The United States Department of Justice has provided the public with some information regarding recent whistleblower cases. In one of the cases there have been allegations made against Health Management Associates.

Scammers Offering Free Initial Services Target Seniors for Financial Elder Abuse

  January 27, 2014     By The Evans Law Firm, Inc.
In California, senior citizens have been a target for con-artists and scammers. A recent scam has affected seniors in the state and officials want the public to be aware of the scam. This scam has been called the "free inspection scam."

MOTIVATION OF ARBITRAL AWARDS: A FEW NOTES

  January 26, 2014     By BCH Lawyers
Decide promptly, but never give any reasons. Your decisions may be right, but your reasons are sure to be wrong. -William Murray, 1st Earl of Mansfield

Asymmetrical Arbitration Clauses Under the Portuguese Law

  January 26, 2014     By BCH Lawyers
An asymmetrical, unilateral or non-mutual arbitration clause may be grossly defined as the one that grants one party to an agreement the right to select either arbitration or litigation as a means to resolve disputes arising from the underlying agreement, yet denies that right to the other party.

California Cities Can’t Avoid Constitutional Liability for A Taking by Dissolving their Redevelopment Agencies

  January 22, 2014     By Kassouni Law
For years local redevelopment agencies were the bane of private property rights in California. Until recently these agencies were clothed with the power to seize private homes through eminent domain and then give that property to private developers like Costco or Wal-Mart, all in the name of community development.

$48 Million Settlement in Medicare Fraud Case

  January 20, 2014     By The Evans Law Firm, Inc.
A California based nursing home operator has agreed to pay $48 million dollars in a settlement related to two whistleblower lawsuits.

Alternate remedy to the Hague Convention on the Taking of Evidence & Pre-trial Discovery

  January 2, 2014     By Rautray & Co.
Notwithstanding the earlier request to the Central Authority it is open to either party to request the judicial authority of the contracting state to issue a fresh letter of request for taking evidence directly to the High Court of the State in which the witness resides or carries on its business. The fresh letter of request addressed to the concerned High Court of the Indian State would be executable under the provisions of the Code of Civil Procedure, 1908 (‘Code’).

What is Physician-Patient Privilege and Why is It Important?

  December 23, 2013     By HG.org
Most of us have probably heard or been told that anything we tell our doctor is confidential. While this may be reassuring, it may have left you wondering why it was true and what the reason for that confidentiality was? How far does it extend? Would it hold up in court?

What New Bankruptcy Rules Came Into Effect in 2013?

  December 21, 2013     By HG.org
Nearly every year, the rules of procedure for various types of courts change. Bankruptcy courts are no exception. Bankruptcy courts are governed by the Federal Rules of Bankruptcy Procedure. Often these changes are relatively small and technical, and only of interest to bankruptcy attorneys, but this year the rules changes primarily affect cases filed by individuals. So, what new bankruptcy rules came into effect on December 1, 2013?

How Do I Sue the Person Suing Me?

  December 17, 2013     By HG.org
Once embroiled in a lawsuit, one can often feel powerless, angry, abused, and confused. Indeed, many feel as though they did nothing wrong but that the other party – the one suing them – did. In that situation, it may be possible to actually sue the person who brought the original lawsuit. But how does one do that and what are the limitations?

What is Parol Evidence?

  December 15, 2013     By HG.org
One of the most confusing concepts to many lay people involved in legal disputes over a contract is the idea of parol evidence. It seems incomprehensible that one should not be able to rely on this evidence to explain what they expected to happen, yet it serves a purpose in the American legal system. So, what is parol evidence and why does it matter?

Dispute Resolution Forum Selection Uncertain with Arbitration Commission Secession - China

  December 13, 2013     By Pamir Law Group
The Shanghai branch of the China International Economic and Trade Arbitration Commission (CIETAC) recently split from CIETAC after the launch of its 2012 arbitration rules. The Shanghai branch (Shanghai CIETAC) declared itself an independent adjudication body with its own arbitration rules and its own panel of arbitrators. However, CIETAC denies the validity of the secession.

Experts Say Medical Practice Corrupted by Pharmaceutical Industry

  December 10, 2013     By Baum, Hedlund, Aristei & Goldman, P.C.
We would like to think the medications prescribed to us by doctors have been proven safe and effective in careful scientific research, and approved by regulatory bodies that reviewed the evidence with public safety as their primary concern. However, a growing number of very well respected authorities are now suggesting that assumption is far from the truth.

Petition Seeks to Protect Consumers’ Right to Access Data from Drug Studies

  December 10, 2013     By Baum, Hedlund, Aristei & Goldman, P.C.
December 9, 2013 A battle is currently underway that will determine whether drug makers can hide data about the safety and effectiveness of the drugs they sell or whether they will be required to release this critical information to the public.

Securities and Exchange Commission Saved $439 Million For Whistleblower Rewards

  December 9, 2013     By The Evans Law Firm, Inc.
The Securities and Exchange Commission has saved money to spend on it's whistleblower rewards program. It is likely that there will be larger rewards in the future as tips have increased recently.

What is Hearsay?

  December 7, 2013     By HG.org
Easily, one of the most complicated subjects for law students to grasp and one of the most commonly misused terms in the English language is hearsay. Many incorrectly use it to refer to something that is speculation or rumor. What is hearsay? Is it admissible in court? Are there exceptions?

Is a Polygraph Test Admissible as Evidence?

  December 7, 2013     By HG.org
Have you ever wondered why, in a system of justice that relies so heavily upon people telling the truth, every witness is not strapped to a polygraph machine (i.e., a lie detector)? It is a logical question that leads to others about how interrogations and investigations are conducted when polygraphs are used. So, is a polygraph test admissible as evidence?


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