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Snakes in the Jury Box: The 'Reptile Method' and How To Defeat It
“Does everybody agree that manufacturers should do everything reasonably possible to make sure that their product is safe for the consumer? If so, raise your paddle please.”
A plaintiffs' attorney recently posed this exact question to a panel of potential jurors in a case where the plaintiff brought claims against tire and seat belt manufacturers after he sustained injuries during a car accident. On its face this question seems innocuous — what person wouldn't agree that manufacturers have a duty to make their products as safe as reasonably possible? However, this type of question, paradigmatic of the “reptile method,” is frequently used by plaintiffs' attorneys to prey on jurors' fears and biases. This approach essentially paints a “black/white; good/bad” world, which can present a distorted picture of the facts and often attempts to displace the law in favor of idealistic standards that are more difficult to meet. It is for this reason that this approach can be both effective and dangerous.
Herein, we provide an overview of the “reptile method,” why it can be successful if not rebutted, and some ideas on how a defendant can present a more fulsome story about its good conduct, actual legal obligations and the facts to the jury.
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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?