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November 26, 2008 | New Jersey Law Journal

Suit Against Lawyer and Doctor Over Surrogate-Mother Pact Goes Forward

A civil suit in Monmouth County tests the potential liability of professionals who set up surrogacy arrangements, an issue left undecided in Baby M .
4 minute read
October 30, 2006 | National Law Journal

Insolvency crisis plagues hospitals

While the aggregate number of bankruptcy filings in the United States appears to be decreasing annually, health care-related bankruptcy filings remain on the rise.
12 minute read
July 13, 2007 | New Jersey Law Journal

Entity Selection For Health Care Professionals

This article explores the tax implications of professional service corporations and entities treated as partnerships.
13 minute read
February 01, 2008 | New York Law Journal

Panel Rejects Involuntary Medication

6 minute read
September 17, 2012 | New York Law Journal

Documents Governing End-of-Life Care: Avoiding Traps For the Unwary

Eve Green Koopersmith, a partner, Doris L. Martin, a partner/director, and Barbara D. Knothe, a partner at Garfunkel Wild, review the documents and laws that govern health care decisions in New York, and advises which ones should be part of a complete estate plan. Please keep in mind, they note, that given the nature of medical treatment issues, this article cannot provide a template for all clients, and a particular client's circumstances must be considered with respect to which documents fit best.
15 minute read
July 08, 2013 | New York Law Journal

Bringing RICO Suits in the No-Fault Arena

Andrew Zwerling is a partner-director at Garfunkel Wild, writes: In recent years, medical providers who have been denied No-Fault reimbursement from insurance carriers have attempted, in preemptive fashion, to rely on RICO in lawsuits against insurance carriers, IME companies and medical providers who perform IMEs or prepare peer reports concerning the treatment provided alleged accident victims by the plaintiff medical providers. These efforts, however, have not met with success.
13 minute read
August 09, 2010 | New York Law Journal

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
April 01, 2013 | New York Law Journal

Achieving Expected Cost-Efficiencies in Arbitration

Andrew Zwerling, a partner-director at Garfunkel Wild, writes that the myriad advantages and cost-efficiencies arbitration offers are being lost to litigants. There are several explanations behind this phenomenon, including reliance on boilerplate in arbitration clauses, scorched-earth tactics by some attorneys, and failure to select the appropriate arbitrators. Regardless of the causal factors, there are measures that can be undertaken by the arbitrator that should afford parties the benefits that they hope to secure through arbitration.
13 minute read
December 12, 2005 | New Jersey Law Journal

Modern Corporate Governance

Board members of health care corporations must always remain mindful of their four primary duties: care, loyalty, obedience and monitoring, and take affirmative steps to ensure the Board and the organization they serve abide by these principles as well.
12 minute read
July 25, 2011 | New York Law Journal

Antitrust Developments Offer Long-Awaited Guidance to Providers

Roy W. Breitenbach, a partner at Garfunkel Wild, writes that even if accountable care organizations never get off the ground, a recent proposed statement on ACOs provides important insight into how the Antitrust Division and FTC currently view clinical integration and other important antitrust issues arising from provider collaborations and health care payer-provider relationships.
13 minute read

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