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|The Use of the Debtor’s Right of Claim over the Distribution of the Couple’s Remaining Property as Debt Collection Tool by Creditors - the Evolution|
Lorrain Lai; Lee Tsai Partners Attorneys-at-Law;
March 19, 2013Since Article 242 of the Civil Code provides that for a right not exclusive to the debtor per se, the creditor may exercise such right by way of subrogation to secure his claims when the debtor is negligent in exercising such right. In addition, after Article 1030-1 of the Family Part of the Civil...
|Juries in South Carolina|
Robert J. Reeves; Reeves Aiken Hightower LLP;
March 19, 2013, previously published on March 2013In many cases, a personal injury plaintiff or a criminal defendant will have the right to have their case heard by a jury.
|Florida Bar Issues Proposed Advisory Opinion Regarding Cloud Computing|
Hinshaw Culbertson LLP;
March 8, 2013, previously published on March 6, 2013The Florida Professional Ethics Committee opined that lawyers may utilize cloud computing if they take reasonable precautions to ensure that confidentiality of client information is maintained.
|Supreme Court Decides Gunn v. Minton|
Faegre Baker Daniels;
March 8, 2013, previously published on February 20, 2013On February 20, 2013, the Supreme Court decided Gunn v. Minton, No. 11-1118, holding that state courts have jurisdiction to resolve state legal malpractice claims even if the determination of the malpractice claim requires resolution of a disputed federal patent question.
|Firm’s Bid for Defense of Claims Denied, Despite Clear Allegations of Legal Malpractice|
Wilson Elser Moskowitz Edelman Dicker LLP;
March 7, 2013, previously published on February 21, 2013A New York federal court has granted an insurer’s motion for summary judgment and dismissed a declaratory judgment action seeking a defense and possible indemnity in legal malpractice claims against its law firm insured. The court’s ruling came in Abrams Firm v. Underwriters at Lloyd's,...
|Judicial Scrutiny, Proposed Settlements and Avoiding Settlement Rejections|
Dinsmore Shohl LLP;
March 7, 2013, previously published on February 25, 2013In August 2012, the Federal Mine Safety & Health Review Commission (“FMSHRC”), the body that oversees the legal administration and review process of contested violations by mine operators, determined that Commission Administrative Law Judges (“ALJ”) (i.e., trial judges)...
|Going Rogue: Indiana Court Allows Expert To Set Standard Of Care Based Upon Expert’s Personal Practices Alone|
Kightlinger Gray LLP;
March 7, 2013, previously published on March 1, 2013In the 2011 case of In re Estate of Lee, the Indiana Court of Appeals reversed the trial court’s order granting summary judgment to an attorney sued for malpractice in a probate proceeding. 954 N.E.2d 1042, 1050 (Ind. Ct. App. 2011) (trans. denied 967 N.E.2d 1034). To justify doing so, the...
|Cyprus International Trust Law|
Andreas P. Demetriades; Andreas P. Demetriades & Associates- Advocates,Legal and Tax Consultants - Law Firm;
February 22, 2013, previously published on February 22, 2013On the 8th of March 2012 the House of Representatives enacted the long awaited International Trusts (Amending) Law of 2012 effecting various structural amendments to the International Trusts Law of 1992.
|Overview of the FCPA|
Jaime Cheng; Lee Tsai Partners Attorneys-at-Law;
February 22, 2013In the last few years, enforcement of the Foreign Corrupt Practices Act of 1997, as amended, 15 U.S.C. § 78dd-1, et seq. (the “FCPA”) has been a high priority for the US Government. Given the current US government policy to aggressively enforce the FCPA and the broad scope of the...
|The case of PFUNTNER vs. LYONS|
Pulos Rosell LLP;
February 18, 2013, previously published on MAY 3, 2002This case centered on the validity of a contract drawn by Attorney Pulos on behalf of Mr. Pfuntner. The terms of this contract were extremely unique. The defendants sought to invalidate the contract drawn by Attorney Pulos at both the Supreme Court level and the Appellate Division level. They...