Publications

The raiding of resident trust funds and theft of insurance checks by staff are perhaps the two most significant fraud/embezzlement problems in long-term care. What is your advice for guarding against them?

What are the best steps to take to insulate ourselves against punitive damage claims?

What do you think of new federal guidelines concerning surveyors using photographic evidence?

As a controlling stockholder of a corporation, it is important to remember that Delaware law imposes a duty upon a selling controlling stockholder (i) to make such inquiry of a proposed buyer’s plans for the target company as a reasonably prudent person would make, and (ii) to generally exercise care.

How can I advise my board of directors to best avoid intermediate sanctions from the IRS?

What are policy essentials for avoiding monetary penalties regarding "do not resuscitate" orders?

It’s no secret that the very nature of the construction industry frequently presents a litigious environment. From general contractor to subcontractor, architect to supplier, owner to purchaser, and most any combination thereof, the differing interests and sheer number of parties involved in a construction project set a stage that is ripe for confrontation and legal disputes.

Because it is so new, I'm worried that families might get angered with Medicare Part D fallout. How can we best react to any complaints?

We suspect a nurse of improperly pocketing drugs. What's our best plan of action to: a) prove it, and b) get rid of her without putting ourselves at risk?

“A cowboy’s work is never done.” The same holds for creative trial lawyers. Over here and over there, ideas for trial themes are everywhere. There is no need to stop with George Martin—a cowboy interviewed by the Writers Project in the 1930s—and Dr. Seuss, the respective sources for the quote and paraphrase noted above. Familiar quotations, scenes, and stories are all potential material for persuasive trial themes. And imitation is the sincerest form of flattery for the trial lawyer.

What decisions do we need to make before trying to make mandatory arbitration agreements part of our admission contracts?

“Everyone is entitled to his or her own opinion.” How many times have you heard that phrase? One of the messages behind the phrase is this: Once a person’s mind is made up and an opinion is formed, it is very difficult to change that opinion—if it’s the individual’s own opinion.

Imagine you open your mail at home and receive a mandatory summons to attend a focus group of sorts, one where marketers present their products and you must confer with several strangers about which products to pick. You know nothing about the products before arriving at the presentation, nothing about the presenters, and nothing about your fellow conferees. How are you going to decide?

“A cowboy’s work is never done.” The same holds for creative trial lawyers. Over here and over there, ideas for trial themes are everywhere. There is no need to stop with George Martin and Dr. Seuss, the sources of the lines above. Familiar quotations, scenes, and stories are all potential material for persuasive trial themes. And imitation is the sincerest form of flattery for the trial lawyer.

They are designed to specify the information upon which the parties are relying in deciding to proceed with the transaction. Typically also buried in the boilerplate at the end of such agreements is a “non-reliance” provision, which provides that the buyer (or seller) disclaims any reliance on any information other than that specified in the representations and warranties of the acquisition agreement. For example: “As between or among the parties, any oral or written representation, agreement or statement not expressly incorporated herein, whether given prior to or on the effective date, shall be of no force and effect unless and until made in writing and signed by the parties on or after the effective date.” The exclusion or inclusion of such language and the jurisdiction of the court applying it can have a substantive impact on the success (or failure) of your claims in the event of a dispute arising from the acquisition.

Questions and answers with John Buckley on "when he was a young lawyer."

How do we get one of those temporary restraining orders for visitors or family members who are a royal pain in the neck and sometimes abusive to staff? Are our incident reports subject to discovery in negligence or malpractice claims?

Can a nurse sue us for wrongful firing if she refused to work, claiming she had to look after too many residents? How do we insulate ourselves from legal problems regarding admitting residents with dangerous pasts?

There are 12 jurors in the box waiting to hear your case. In order to win, you need to persuade them to view the facts in your favor—but the approach that will reach the physics professor from State U. may not work for the clerk from the Fifth Ward. Herein lies the key to an effective jury presentation: KISS.

I often hear the complaint that business litigation is boring. But it doesn’t have to be. You can make business litigation interesting by bringing business ideas to business litigation. By applying persuasive technique, the same technique used in all those personal injury and tort trials, to business trials.