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Bar News - February 22, 2013

Latest Bar Journal: Game-Changers and More

The Early Offer Alternative in Medical Malpractice Litigation:
A Statutory Trap to Limit Liability

Authors Holly Haines and William Woodbury provide an in-depth examination of legislation creating an early offer alternative for medical malpractice litigants. The authors delineate the faults they find with a law they see as one-sided both in who it benefits and who it penalizes. Read article.

The Invention of the NH Super PAC
Writing shortly after the November general election, attorney Jay Surdukowski looks at how the US Supreme Courtís Citizens United decision, and an ensuing interpretation by the NH Attorney Generalís Office, have opened the door to the advent of what Surdukowski dubs the "New Hampshire Super PAC." He writes that these opinions are a game-changer for state politics and presents two examples from the last election: 1) contributions directed to a group of Republicans who voted to oppose the repeal of the stateís gay marriage law and who were facing primary challenges from anti-gay-marriage candidates and 2) the gubernatorial contest in the general election, in which, Surdukowski notes, less than $4 million of the total $23 million spent was raised and spent by the two major candidates. Read article.

The Minefield of Threats in Litigation
Authors William Saturley and Beth Kissinger consider the hazards of threatening to file complaints with law enforcement or regulatory authorities as a litigation tactic. While resorting to these kinds of threats to influence the opposing party in litigation is not per se prohibited, Saturley and Kissinger persuasively illustrate their inclusion of the word "minefield" in the articleís title. Read article.

NH Creditor Protection Trusts: A Brief Practical Guide for NH Lawyers
Attorney and trust practitioner David Mulhern, assisted by Portsmouth-based attorney David Lyons, a member of the New York State Bar Association, describes another series of pitfalls to be found in the creation of asset protection trusts where there is a chance of running afoul of creditorsí rights. Read article.

Narrow Banking: A Structural Solution to the Banking Crisis
David Mirsky, a criminal law attorney from Exeter, revisits the work of his former law professor, Professor Arthur E. Wilmarth, Jr., an authority on banking law, in light of the financial crisis that led to the prolonged economic downturn. Mirsky champions Solomonís prescription of a "narrow banking" regulatory scheme that would curtail the scope of large financial institutions. Mirsky argues that such a financial regulatory scheme would better protect depositors and remove the distortions of government subsidies. Read article.

Confrontation v. Hearsay: Crawford v. Washington and its Progeny
In criminal law, Attorney Samuel Silverman, a Massachusetts-based practitioner also licensed in New Hampshire, looks at the constitutional aspects of a defendantís right to confront his accusers in light of recent US Supreme Court decisions on the admission of evidence when the witness responsible for that evidence is unavailable to present it at trial. Read article.

Lex Loci
David Ruoff returns with the latest installment of Lex Loci, reviewing cases from late summer through the fall.†Read article.

Print subscriptions of Bar Journal are available through the Online Store on the NH Bar website, Send article queries to Dan Wise.

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