News & Publications

How to Deal with a Bad Judge by Mark A. Barondess

Posted on Apr 8, 2011 in Family Law

An Article on The Huffington Post   The worst judges, in my view, are those that suffer from what is secretly known as black robe syndrome.

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Selecting Your Divorce Lawyer by Mark A. Barondess

Posted on Feb 17, 2011 in Family Law

An Article on The Huffington Post Divorce is a game played by lawyers — Cary Grant In any divorce, deciding on an attorney to represent your interests …

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Insurable Interest: An Ancient Doctrine Confronts Modern Problems

Posted on Sep 1, 2008 in News

Insurable Interest: An Ancient Doctrine Confronts Modern Problems This article appeared in the September 2008 issue of For the Defense. The article analyzes the application of the insurable interest doctrine in the context of modern viatical settlements and related financial transactions, including those commonly referred to as stranger-owned life insurance or speculator-initiated life insurance.

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Life and Health Insurance Update

Posted on May 1, 2007 in News

Life and Health Insurance Update Funk & Bolton member Hisham M. Amin prepared this Update for the recent 2007 Life, Health, Disability and ERISA Claims Seminar. The paper highlights important decisions and emerging trends in recent life and health insurance litigation cases. As Mr. Amin concludes, success in litigating an insurance case requires careful compliance with applicable law and hard work to gather information from a variety of sources. In the final analysis, although litigating a life or health insurance case is never easy, the...

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Important Terms for Inclusion in Confidential Settlement Agreements for Financial Services Companies

Posted on Dec 1, 2006 in News

Important Terms for Inclusion in Confidential Settlement Agreements for Financial Services Companies In a fast-paced financial world, it is easy to understand how parties agree on a settlement figure, assume the final documents resolving the matter are worth only perfunctory consideration, and press on to the next matter. This article questions the wisdom of approaching a rapidly changing financial services world armed with nothing more than a traditional “standard” release....

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Chief’s Counsel: The Police Officer as Expert Witness

Posted on Jun 1, 2005 in News

Chief’s Counsel: The Police Officer as Expert Witness During criminal and civil litigation, police officers on the witness stand are sometimes asked to offer their opinions. According to two state court rulings, some officers who offer opinion testimony are expert witnesses and should be presented as such.

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Practical Considerations in Defending Mental Illness Disability Claims

Posted on Jan 1, 2005 in News

Practical Considerations in Defending Mental Illness Disability Claims Building a mental disability case can be a treacherous task. Neither the science nor the law is well settled, leaving many aspects ripe for litigation. Adding to the complexity are the jurisdictional differences that have emerged. Handling a mental disability claim, therefore, requires familiarity with relevant legal trends, a working knowledge of leading mental disability texts, and the willingness to carefully review mental health records....

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Is Any Care Appropriate Care? The Scope and Application of Appropriate Care Provisions in Individual Disability Income Insurance Policies

Posted on Jan 1, 2003 in News

Is Any Care Appropriate Care? The Scope and Application of Appropriate Care Provisions in Individual Disability Income Insurance Policies Although relatively few cases have squarely addressed the “appropriate care” language found in many of today’s disability income insurance policies, the courts that have addressed this provision recognize that “appropriate care” is a higher standard than regular care. At the same time, the courts appear to be struggling with enunciating a clear standard for what is...

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Collecting Statistics in Response to Racial Profiling Allegations

Posted on May 1, 2002 in News

Collecting Statistics in Response to Racial Profiling Allegations As this article for the FBI Law Enforcement Bulletin observes, the simple collection of data will neither prevent so-called “racial profiling” nor accurately document a law enforcement agency’s activities as a means of protecting it from public criticism, scrutiny, and litigation. Law enforcement agencies, therefore, must take additional steps to ensure that the numbers they collect accurately reflect reality and support the positive enforcement and crime...

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Disability Hot Spots

Posted on Jan 1, 2000 in News

Disability Hot Spots This paper provides the reader with a comprehensive overview of three areas of disability claims. First, the paper examines the law evolving in the area of risk of relapse disability claims. Second, the paper reviews the case law surrounding legal versus factual disability claims. Third, the paper discusses the emerging case law on the question: What is “Your Occupation”?

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