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August 10, 2006 |

Malpractice: Establishing Existence of Attorney-Client Relationship

Andrew L. Zwerling, a senior attorney at Garfunkel, Wild & Travis PC, writes that an employee's "understanding" and subjective belief that the lawyer for his or her corporation is also serving in a dual capacity as his or her representative is insufficient to give rise to an attorney-client relationship.
6 minute read
November 02, 2009 |

Health Care Law

In this Special Section from the New York Law Journal: "Medicaid Provider Compliance Programs Now Mandatory," "The New Security Breach Notification Requirements" and "Protecting Whistleblowers."
2 minute read
August 10, 2007 |

On the Move

Announcements about lawyers, firms and judges.
1 minute read
August 09, 2010 |

Nurse/Lawyer Who Resigned Over Ethical Conflict Entitled to Unemployment Benefits, Court Says

A trial court judge may not allow a defendant to plead guilty to a reduced charge over the objection of the prosecution, a state appellate panel has ruled. The Appellate Division, Second Department, decision centers on a policy prohibiting plea bargains by the Division of New York State Police, which prosecutes traffic offenses in several New York counties.
4 minute read
July 21, 2005 |

Charity Care Litigation: An Update

Andrew L. Zwerling, a senior attorney at Garfunkel, Wild & Travis, writes that, in the last year, a torrent of class action lawsuits have been filed nationwide against hospitals and hospital networks involving the propriety of their charity care and debt collection policies. Dozens of hospital systems and hundreds of hospitals have been targeted in these actions, the majority of which have been filed in federal court.
9 minute read
December 19, 2007 |

Charges Against N.J. Medical School Dropped as Monitor Completes Task

The federal monitorship of the University of Medicine and Dentistry of New Jersey (UMDNJ), which began over Medicaid double billing and uncovered a culture of financial abuse and patronage, will cease by the year's end.
4 minute read
August 24, 2009 |

Monitor Those Claims of 'Green'

Suzanne M. Avena, a partner at Garfunkel, Wild & Travis, and Colleen M. Tarpey, an associate at the firm, write: The FTC is currently fast-tracking a long overdue update to its "Green Guides," the Commission's cornerstone tool for preventing consumer deception in the ever-expanding arena of environmental claims. This update is expected to include new guidance to industry regarding so-called "green building" claims, an area in which the Green Guides had previously provided little instruction. If it does, there will be a brighter line over which those who market "green" or "sustainable" buildings and building products will need to watch their step not to cross to avoid the risk of an enforcement action based on false advertising.
13 minute read
July 09, 2012 |

A Man's Home Is His...Jail?

John G. Martin, a partner at Garfunkel Wild, writes: Secured home confinement as an alternative to detention has had a rocky history within the Second Circuit, and, after a brief recent period of expanded utilization, recent decisions in the circuit may signal a constriction of the ability of white-collar defendants to insist on "home-jailing."
15 minute read
January 17, 2012 |

When Medical Practices Meet Restrictive Covenants

Andrew L. Zwerling, a partner-director at Garfunkel Wild, discusses the standards relevant to an employer's attempt to enforce a restrictive covenant in a physician contract through an application for injunctive relief.
11 minute read

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