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'Gatekeeping' Expands in Two Jurisdictions
Twenty years ago, federal courts came under new rules for admissibility of expert scientific testimony from the U.S. Supreme Court decision, Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). The decision made clear that the 70-year-old test of admissibility of experts' opinions relying on “new scientific techniques,” as set forth in Frye v. United States, 293 F. 1013 (1923), no longer controlled in federal courts. Instead, the Daubert court instructed judges to conduct wide-ranging analyses of not just new scientific techniques, but any testimony of scientific, medical and technical knowledge proffered to assist the jury. Judges were to examine not only the scientific principles relied on, but also the validity of the experts' reasoning and derived opinions. Faced with a proffer of expert scientific testimony, judges are to be gatekeepers at the outset of trial to ensure reliable scientific knowledge will be applied. Daubert, 509 U.S. at 592-593.
A Hodgepodge of Results
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.