Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Federal Jurisdiction Reform
We begin by stating the obvious: Whether a case is litigated in federal court rather than state court can have a huge impact on both litigation costs and the end result. There are several reasons for this.
First, procedural rules differ between the federal and state courts
. What rules govern the preservation and production of electronic discovery? Are depositions of experts permitted? Does either Daubert or Frye apply to the admissibility of expert testimony, or neither? Does the rule prohibiting admission of subsequent remedial measures apply only to negligence claims or to all claims? Must the jury verdict be unanimous?
Second, trial court judges enjoy wide (mostly non-reviewable) discretion on issues that have enormous impact
. Will the judge allow the plaintiff's counsel to re-depose company witnesses whose depositions already were taken in an MDL proceeding? Will the judge try cases one at a time or permit multi-plaintiff trials? What is the prevailing attitude toward exclusion of expert testimony or granting summary judgment? Will the judge consider customized jury instructions if aspects of the case are not covered by pattern instructions? While there are variations in approach even among federal judges, lawyers know that the customs and practices on these discretionary issues vary even more widely between the federal and state courts.
Third, jury demographics often vary significantly depending upon whether the case will be tried in federal or state court
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
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?
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.