The Law Blog of Plaintiff's Attorney Max Kennerly
It’s that time of year again. The United States Supreme Court, the least productive court in the nation, is back on summer recess until October. Let’s review what they imposed upon us over the past nine months.
I’ve written before about the problems with the Supreme Court. They change the rules of their own…
For nearly a generation, the transition from paper to electronic medical records has been the next big thing in health care.
The theoretical benefits are obvious: improved usability, security, and portability of patient records. Even better, the life-saving abilities of medication, surgical, and critical care checklists are well-known, and nobody is better at checking a…
It’s not easy being a whistleblower; it "ruins your life," as discussed more here. Consequently, if there’s no financial incentive to blow the whistle on government fraud, then most everyone who encounters it will just try to distance themselves from it rather than stop it. We’re all human. We all have bills to pay…
Via the WSJ Law Blog, Amy Kolz at The American Lawyer has a new article about the False Claims Act:
"[FCA cases] are a big gamble," says Piacentile’s counsel, former Boies, Schiller & Flexner partner David Stone of Stone & Magnanini, who cites cost-benefit analyses and good relationships with prosecutors as essential to his
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Via the Am Law Daily, the Wall Street Journal had an article about an effort by Bank of America’s lawyers — at Wachtell, Davis Polk, and Cleary Gottlieb — to keep Judge Jed Rakoff from presiding over a shareholder class action against them:
Bank of America Corp. tried to keep cases pending against it
…
Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes
…
Another interesting statutory construction case arising from allegations scientists at Cornell University Medical College and Thomas Jefferson University "misrepresented the findings of their DNA research when they applied for National Institute of Health research grants and did not correct the misrepresentations on subsequent progress reports and renewal applications." Problem is, the grants in question were…
At Legal Ethics Blog, Professor Andrew Perlman posts a hypothetical:
I was recently a panelist at the Association of Corporate Counsel’s annual conference, and someone in the audience posed an interesting hypothetical.
Imagine that in-house counsel is conducting an internal investigation and speaks with an employee whose conduct may have been unlawful.
Let me…
Martin Lipton, who knows a thing or two about corporations, presents:
On June 25, I presented a paper entitled “Shareholder Activism and the “Eclipse of the Public Corporation”: Is the Current Wave of Activism Causing Another Tectonic Shift in the American Corporate World?” at the 2008 Directors Forum of The University of
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