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Facing the 'Expert'
Although any trial lawyer would like to be Atticus Finch in “To Kill a Mockingbird” ' to make the world's most eloquent argument to a jury on the client's behalf ' the reality is that a trial creates a situation in which the risks of losing, in general, do not outweigh the safety to be found in a negotiated settlement. In effect, both parties win when a case settles. A methodical deposition that has been carefully prepared serves the client's interests, since it favors a controlled settlement.
If you want to settle cases or to win at trial, the “crux move” in medical negligence litigation is the deposition of the opposing medical expert witness. This article provides the theory you need to conceptualize the deposition, to decide what you need, and to create an intricate, yet effective method that will pin down the opinions and, simultaneously, allow weaknesses in the opposing case theory to surface. This type of a deposition will encourage settlement, or, if the case does go to trial, the trial lawyer will have the best ammunition. These techniques may be applied in any deposition for any witness.
The Rules
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?