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<i>Daubert </i>Tool Lets Lawyers Track History of Experts
Expert testimony can be the linchpin that makes or breaks a case. But lawyers have had a tougher time getting that testimony admitted since 1993, when the U.S. Supreme Court decided in Daubert v. Merrell Dow Pharmaceuticals that scientific testimony must be not only relevant, but reliable. In 1999's Kumho Tire v. Carmichael, the Court extended that rule to all experts.
This means that a lawyer preparing to qualify or challenge an expert at trial must answer a number of questions. What is the state of the case law under Daubert? How has the particular court or judge applied the rule? How have courts ruled on this type of expertise? Has this expert ever come before a judge?
But keeping up with the case law is no easy task. MDEX Online Inc., a medical-legal consulting firm headquartered in Chicago, estimates there are more than 4000 trial and appellate opinions interpreting and applying Daubert and its offspring, as well as thousands more state “gatekeeper” cases. That is why MDEX developed a tool to help lawyers track these cases and, in particular, find out how specific experts or areas of expertise fared in the courts. The Daubert Tracker, at www.dauberttracker.com, has as its central feature a database of all reported Daubert and Kumho decisions, trial and appellate, backed up when available by full-text briefs, transcripts and docket entries.
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?