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nov21 / 6 posts found

You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation

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Tuesday, November 6, 2018 Physicians typically recall, with stunning clarity, the moment a patient’s treatment went wrong.  Following an adverse event, physicians often are tormented by competing desires to apologize and instincts to forge ahead without acknowledgement. A patient’s decision to file a malpractice action may be triggered by the physician’s response to a problem − or lack thereof. The Washington Post highlighted contrasting tales of medical errors in which two patients suffered devastating consequences during surgery. Frustrated by a “white wall of silence” preventing her health care providers from articulating more than “’things didn’t go well,’” the first patient [...]

Five Keys to Avoiding Litigation Malpractice

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English philosopher and jurist, Jeremy Bentham, is credited as having said, “Lawyers are the only persons in whom ignorance of the law is not punished.” Sorry, Mr. Bentham, lawyers are, indeed, punished for their ignorance of the law and for every other conceivable error or oversight. Such “punishment” is administered in the form of legal malpractice actions and those most at risk for such actions are litigation attorneys. According to the most recent survey of the American Bar Association’s Standing Committee on Professional Liability, personal injury litigation, alone, accounts for more than 20 percent of all legal malpractice claims brought [...]

Report: Litigation Down But Regulatory Proceedings on the Rise

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While litigation is down, companies are facing more regulatory proceedings and arbitration, according to the 2018 Litigation Trends Annual Survey of 365 in-house legal professionals of mostly U.S.-based global companies, published by Norton Rose Fulbright on Thursday. “This results this year provide some unexpected findings,” said Norton Rose Fulbright global head of litigation, Gerry Pecht, in the report. The report found that 67 percent of respondents felt that regulators have become more interventionist over the past year, while 33 percent felt regulators have become less interventionist. Pecht said “that many jurisdictions have tightened up on regulations. There have been new regulations [...]

Legal Departments Are Insourcing More Litigation Work Than Ever Before

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Relying on streamlined processes and legal technology, legal departments are insourcing more work than ever before, according to Exterro’s “2018 In-House Legal Benchmarking Report,” a survey of over 110 in-house legal or legal operations staff.   Almost one-third, 29 percent, of survey respondents said they conducted at least 75 percent of their litigation and e-discovery work in-house, compared to 17 percent in 2017. What’s more, 20 percent conducted all such work internally. While an additional 20 percent brought in at least half of their litigation and e-discovery work in-house, 31 percent insourced under half. Bill Piwonka, chief marketing officer at [...]

Woodsford Litigation Funding announces US$100m commitment from major shareholder, taking the capital…

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LONDON, PHILADELPHIA, SINGAPORE, TEL-AVIV, BRISBANE– 19 November 2018, Woodsford Litigation Funding, the global provider of litigation finance for businesses, individuals and law firms, has today announced that the family office of Chairman, Yves Bonavero, has procured an increase in the family’s investment in Woodsford to US$100m to support the rapidly expanding business. “Over the last eight years, Woodsford has developed into one of the world’s leading litigation funders. With the broad and expanding geographic footprint and breadth of expertise we now have within the executive team, we are well set to take advantage of the increasing number of attractive investment [...]

Hiring an expert witness in bioeconomy litigation

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By Wayne Lee, CEO, Lee Enterprises Consulting, Inc. In August 2017, I published an articlewhich focused on important things that attorneys involved in biofuels or biochemical litigation should look for when choosing an expert witness.[1] This article explores the subject of expert witnesses in a bit more depth, including where to find the best experts, the different roles an expert might assume in pre-litigation and litigation cases, and hypothetical examples. The term “bioeconomy” refers to the production of renewable biological resources, and the conversion of these resources and waste streams into value added products, such as food, feed, fuel, bio-based products [...]