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Donovan Swift

Donovan Swift

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August 08, 2024 | New York Law Journal

Decisions Apply Lavern's Law in Medical Malpractice Suits

"The statute begins to run under the discovery rule not when the patient was diagnosed with cancer, but when patient knew ... that there was negligence," write Thomas A. Moore and Matthew Gaier.

By Thomas A. Moore and Matthew Gaier

16 minute read

August 08, 2024 | Texas Lawyer

How Being Present Can Make All the Difference

"The effort of showing up, being present and demonstrating concern—always makes a difference," writes columnist Michael P. Maslanka.

By Michael P. Maslanka

7 minute read

August 08, 2024 | New Jersey Law Journal

Impact of the 'Loper Bright' Decision on New Jersey State Deference

"A careful review of state law reveals significant similarities between New Jersey agency deference and 'Chevron' that will likely lead to similar challenges and a newfound ability to push back against state regulatory actions," write Marc Rollo, Charles Dennen and Thomas Tyrrell of Archer.

By Marc Rollo, Charles Dennen and Thomas Tyrrell

10 minute read

August 07, 2024 | The Recorder

Don't Take On Too Much

"Lawyers who are motivated to a fault and never take a vacation day or turn off their phone can find themselves negatively affected by the toll that stress can take," write Dentons' Shari L. Klevens and Alanna Clair.

By Shari L. Klevens and Alanna Clair

6 minute read

August 07, 2024 | New York Law Journal

Putting Counsel in an Uncomfortable Spot: The Witness Chair

"More important, however, is for prosecutors to recognize that charges based on attorney proffers are ill-advised," write Robert J. Anello and Richard F. Albert.

By Robert J. Anello and Richard F. Albert

12 minute read

August 07, 2024 | New York Law Journal

Recent Developments Under New York's Amended Whistleblower Protection Law

"Ensure that employment policies include clearly defined channels of communication which allow employees to raise concerns," write Nicholas J. Pappas and Elena Modl.

By Nicholas J. Pappas and Elena Modl

9 minute read

August 07, 2024 | New Jersey Law Journal

Are Beach Umbrellas Too Dangerous? The Consumer Protection Safety Commission Weighs In

"There are countless ... reports of unfortunate injuries being sustained by beachgoers as the result of flying beach umbrellas," writes Reed Smith's Gregory D. Speier.

By Gregory D. Speier

8 minute read

August 07, 2024 | Texas Lawyer

Is Drug Abuse Alone Enough to Terminate Parental Rights?

"The intricate relationship between poverty, substance abuse and termination of parental rights forms a complex and often devastating cycle," write columnists Elisa Reiter and Daniel Pollack.

By Elisa Reiter and Daniel Pollack

8 minute read

August 06, 2024 | New York Law Journal

Departmental Schism Re Post-Judgment Reviewability of Sua Sponte Orders Continues

"The statute and 'Sholes' impose an onerous time-consuming process upon the aggrieved party who may be in need of immediate relief from a sua sponte order," writes Elliott Scheinberg.

By Elliott Scheinberg

8 minute read

August 06, 2024 | Texas Lawyer

Dram Shop Liability—How to Prepare for and Prevent Litigation

"Business owners need to be very aware of their patrons and how much alcohol they are consuming," writes Adam Dolan of Gfeller Laurie.

By Adam R. Dolan

8 minute read