Author: Davis S. Greenberg
Release Date: 2015-05-07
PLI s Health Care Litigation and Risk Management Answer Book 2015 covers government regulation, including the False Claims Act, the Stark law, the Anti-Kickback Statute, and EMTALA, as well as major areas of private litigation risk, such as employment litigation and insurer/provider disputes. The book also provides discussion of compliance strategies to avoid investigations, fines, and litigation, and litigation strategies should the need arise."
Author: Andrew L. Bab
Release Date: 2018-09-07
M&A activity in the health care industry is at its highest level since the 1980s. Organized into four parts, this guide includes practical advice on how to address the various industry-specific issues arising in health care acquisitions.
Author: Geoffrey C. Hazard
Publisher: Wolters Kluwer Law & Business
Release Date: 2014-12-09
Genre: Business & Economics
The Law of Lawyering shows how to approach concrete problems that arise in everyday practice while staying within the letter and spirit of the ABA Model Rules of Professional Conduct. It provides the full text of each Model Rule provision in sequence, followed by the authors' guidance and commentary, which put the rule into context, help identify its key features, and show its relation to other Rules and the ALI's Restatement of the Law Governing Lawyers. Clear, realistic examples demonstrate how each Rule applies in practice. Substantially revised in this two-volume Fourth Edition to reflect the recent revisions of to the Model Rules of Professional Conduct, this essential book reflects the latest developments in the law governing lawyer conduct, not only lawyer discipline, but also legal malpractice, suits for breach of fiduciary duty, fee-dispute litigation and fee forfeiture, and disqualification of counsel for conflict of interest.
Author: Christopher A. Myers
Release Date: 2017-10-07
Representing the combined work of more than forty leading compliance attorneys, Corporate Compliance Answer Book 2018 helps you develop, implement, and enforce compliance programs that detect and prevent wrongdoing.
Author: David B. Blair
Publisher: Practising Law Inst
Release Date: 2013-11-07
Transfer Pricing Answer Book 2013 discusses all aspects of transfer pricing, from initially planning a transfer pricing strategy, to alternative ways to defend the strategy from attack by two or more tax authorities, to resolving a case before competent authorities, to bringing a transfer pricing case to court. The book s non-technical discussion is presented in a question and answer format that will appeal to readers regardless of their prior level of experience or familiarity with taxes in general and transfer pricing in particular."
Author: Committee on Quality of Health Care in America
Publisher: National Academies Press
Release Date: 2000-03-01
Experts estimate that as many as 98,000 people die in any given year from medical errors that occur in hospitals. That's more than die from motor vehicle accidents, breast cancer, or AIDS--three causes that receive far more public attention. Indeed, more people die annually from medication errors than from workplace injuries. Add the financial cost to the human tragedy, and medical error easily rises to the top ranks of urgent, widespread public problems. To Err Is Human breaks the silence that has surrounded medical errors and their consequence--but not by pointing fingers at caring health care professionals who make honest mistakes. After all, to err is human. Instead, this book sets forth a national agenda--with state and local implications--for reducing medical errors and improving patient safety through the design of a safer health system. This volume reveals the often startling statistics of medical error and the disparity between the incidence of error and public perception of it, given many patients' expectations that the medical profession always performs perfectly. A careful examination is made of how the surrounding forces of legislation, regulation, and market activity influence the quality of care provided by health care organizations and then looks at their handling of medical mistakes. Using a detailed case study, the book reviews the current understanding of why these mistakes happen. A key theme is that legitimate liability concerns discourage reporting of errors--which begs the question, "How can we learn from our mistakes?" Balancing regulatory versus market-based initiatives and public versus private efforts, the Institute of Medicine presents wide-ranging recommendations for improving patient safety, in the areas of leadership, improved data collection and analysis, and development of effective systems at the level of direct patient care. To Err Is Human asserts that the problem is not bad people in health care--it is that good people are working in bad systems that need to be made safer. Comprehensive and straightforward, this book offers a clear prescription for raising the level of patient safety in American health care. It also explains how patients themselves can influence the quality of care that they receive once they check into the hospital. This book will be vitally important to federal, state, and local health policy makers and regulators, health professional licensing officials, hospital administrators, medical educators and students, health caregivers, health journalists, patient advocates--as well as patients themselves. First in a series of publications from the Quality of Health Care in America, a project initiated by the Institute of Medicine
Author: John M. Cunningham
Publisher: Wolters Kluwer Law & Business
Release Date: 2016-06-15
This essential resource enables you to negotiate, draft, and fine-tune LLC operating agreements for all basic types of LLCsand—in every U.S. jurisdiction! It delivers exclusive guidance on all 10 stages of the LLC formation process, and comes with a CD-ROM packed full of valuable material, including complete agreements, forms, and clauses all ready for immediate use. Newly expanded to two volumes, theand Fourthand Edition of Drafting Limited Liability Company Operating Agreements is the only limited liability company formbook and practice manual that addresses the entire process of planning, negotiating and drafting LLC operating agreements, and handling LLC formations. Providing hands-on guidance directly from John M. Cunningham, one of the acknowledged leaders in the field, Drafting Limited Liability Company Operating Agreements, Fourthand Edition, ensures that youand’re prepared to handle all legal and tax aspects of the LLC formation process for member-managed, manager-managed, single-member, and multi-member LLCs, including: Fiduciary issues and other critical business organization law issues facing the managers of multi-member LLCs Multi-member LLC partnership tax issues The unique legal and tax issues confronting owners of single-member LLCs Hidden issues in drafting articles of organization The complex issues of legal ethics when representing two or more clients in forming multi-member LLCs Only Drafting Limited Liability Company Operating Agreements, Fourthand Edition fully covers: The 10 main stages of the LLC formation process, providing detailed, practice-oriented comments on each and“Red flagsand” spotlighting common pitfalls and risks in LLC formation Key federal tax materials, including the and“Check-the-Box Regulationsand” and the IRSand’s guidelines on the application of the Self-Employment Tax to LLC members The current text of the Delaware Limited Liability Company Act And Drafting Limited Liability Company Operating Agreements, Fourthand Edition includes: All of the general-purpose model operating agreements you are likely to need to form both single-member and multi-member LLCs, designed for use in all 50 states and accompanied by line-by-line instructions Guidance through the entire, complex maze of legal, tax, and drafting issues An all-new section on protecting clientsand’ assets through LLCs Valuable exhibits, including a master table and various subsidiary tables of the Delaware Limited Liability Company Act provisions relevant to LLC formations Plus! Every clause, form, and complete agreement is on CD-ROMand—to speed the formation process and help save you time. To assist in your LLC formation practice, youand’ll also find a comprehensive survey of the rapidly expanding body of federal and state LLC case lawand—complete with clear summaries of the cases and indexes by both state and subject matter. Newly updated and expanded, Drafting Limited Liability Company Operating Agreements, Fourthand Edition, delivers all the forms, agreements and expert guidance every LLC practitioner should have on hand. and
Author: Siegrun D. Kane
Publisher: Practising Law Inst
Release Date: 2002-11-01
This all-new Fourth Edition of the benchmark one-volume guide to trademark law is marked by extensive new coverage, including vital analysis of: New trade dress case law interpreting the doctrine of utilitarian functionality in the wake of the Supreme Courts TrafFix decision. New issues before the Supreme Court regarding dilution protection under the Federal Trademark Dilution Act New Internet cases on jurisdiction and the effect of UDRP arbitration decisions on federal litigation. New case law under the recently revised Federal Rules of Evidence. Plus updated material on gray market goods and attorney/client and work product privileges, new tips on reaching settlement agreements, and the latest changes to the T.M.E.P. Filled with dozens of forms, documents, checklists, and color exhibits, Trademark Law provides you with all the field-tested, step-by-step guidance you need to select, search, use, reinforce, renew, defend, and expand trademarks. Comprehensive enough to serve new and experienced practitioners on both sides of trademark disputes.
An evolving regulatory landscape and changing economic conditions continue to affect business organization and capital requirements in the global insurance industry, leading to new participants, new transactions, and new challenges. PLI s new Insurance and Investment Management M&A Deskbook provides attorneys with an essential reference to keep up with emerging trends in insurance and investment management M&A. The Deskbook covers topics such as acquisitions of public insurance companies, blocks of insurance business and private acquisitions; the regulatory environment of the insurance industry and the financial services industry; investment in the insurance industry by private equity and pension funds; and the expansion of insurance industry participants into emerging markets around the globe. The Deskbook also provides specific guidance for understanding Lloyd s of London and the M&A market for mutual life insurers."
Author: William C. Hillman
Publisher: Practising Law Inst
Release Date: 2014-07-07
"Bankruptcy deskbook is a concise treatise designed as a primary source of bankruptcy information for the practitioner who is not a specialist in the field. It is a reference guide oriented to practitioners who wish to represent consumer debtors and businesses in financial distress; attorneys who are consulted by creditors who have been notified of a bankruptcy filing; as well as practitioners engaged to defend clients who have been sued by a trustee or debtor in possession"--Preface.
Author: Edward M. McNicholas
Release Date: 2015-09-07
The many recent sophisticated cyber threats from hacktivists and empowered insiders to organized criminals and state-sponsored cyber attacks means that the task of managing cyber risks, once the near-exclusive realm of IT professionals, is now also borne by attorneys, senior executives, and directors. PLI s new Cybersecurity: A Practical Guide to the Law of Cyber Risk provides the practical steps that can be taken to help your clients understand and mitigate today s cyber risk and to build the most resilient response capabilities possible. Cybersecurity: A Practical Guide to the Law of Cyber Risk provides a comprehensive discussion of the complex quilt of federal and state statutes, Executive Orders, regulations, contractual norms, and ambiguous tort duties that can apply to this crucial new area of the law. For example, it describes in detail: The leading regulatory role the Federal Trade Commission has played, acting on its authority to regulate unfair or deceptive trade practices; The guidance issued by the SEC interpreting existing disclosure rules to require registrants to disclose cybersecurity risks under certain circumstances; The varying roles of other regulators in sector-specific regulation, such as healthcare, energy, and transportation; and The impact of preexisting statutes, such as the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act, on current cybersecurity issues. In addition, the authors of Cybersecurity: A Practical Guide to the Law of Cyber Risk have supplemented these more traditional sources of law with industry practices and the most important sources of soft law: An explanation of the National Institute of Standards and Technology (NIST) Cybersecurity Framework and information sharing environments from a former Department of Homeland Security official, The views of the U.S. Secret Service on partnering with federal law enforcement and effective information-sharing, The guidance of leading consultants about the appropriate steps to prepare for cybersecurity incidents, The perspective of a leading insurance company on the evolving role of insurance in protecting companies from the financial losses associated with a successful cyber breach, and The views of one of the most sophisticated incident response organizations on the proper elements of effective incident response. Throughout the book, Cybersecurity: A Practical Guide to the Law of Cyber Risk includes practice tools developed during the hundreds of breaches that the authors have weathered with their clients. These valuable practice aids include checklists, an overview of the legal consequences of a breach, and a tabletop exercise."
Author: Brian W. Easley
Release Date: 2015-08-07
Genre: Business & Economics
Labor Management Law Answer Book 2016 is a concise overview of the controlling provisions of the NLRA and the other major federal labor legislation. Reflecting the in-depth knowledge and experience of the authors, it walks you through every requirement of federal law, including: obligations under executive orders affecting labor relations of federal contractors federal preemption of state regulation reporting requirements of unions and employers protected and unprotected activity duty to bargain unfair labor practice case procedures, and regulation of union dues and administration. Labor Management Law Answer Book 2016 also provides: a concise guide to all of the requirements of the NLRA, LMRA, LMRDA and other federal statutes detailed guidance on what is and is not permitted activity by both unions and employers in any negotiation coverage of emerging issues of critical importance like collective bargaining in the public sector the context and analysis necessary to effectively plan and execute a labor strategy against the backdrop of complex and constantly evolving federal law, and relevant planning opportunities and strategies to optimize proactive decision-making."