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More than 20 years into the Daubert era, a surprising number of litigators still have doubts and disagreements about the effectiveness of motions in limine challenging the admissibility of federal court opinion testimony under Federal Rules of Evidence (FRE) 702. Among the concerns commonly expressed by the trial bar is the perception that so-called Daubert motions are a long shot at best, often not worth the time and effort.
Two recent studies shed new light on these attitudes.
In October 2015, the Searle Civil Justice Institute, part of the Law & Economics Center at George Mason School of Law, published an empirical examination, titled Timing and Disposition of Daubert Motions in Federal District Courts (hereafter “Searle”). Covering the years 2003-2014, this report examined the outcomes of over 2,127 Daubert motions from 91 federal district courts.
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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 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.
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.
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.
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?