Protecting Counsel Privilege in a Post-Yates Memo World
December 01, 2016
In last month's newsletter, the authors put forward the proposition that attorney-client privilege issues, which can arise during internal investigations, have become even more complicated following the issuance of the Department of Justice's (DOJ) "Yates Memorandum." They continue their discussion herein.
Will Ascertainability Split Finally Be Resolved?
December 01, 2016
Despite requests for change, the Judicial Conference Advisory Committee on Civil Rules declined to include ascertainability in its proposed changes to Rule 23. In addition, the U.S. Supreme Court recently rejected two petitions for certiorari earlier this year that would have addressed ascertainability.
The Bermuda Form
December 01, 2016
<b><i>Declaring an Integrated Occurrence (or Not)</b></i><p>Many Fortune 500 companies' product liability insurance programs use the Bermuda Form to insure alleged bodily injury and property damage. The Bermuda Form has many characteristics distinct from standard commercial general liability (CGL) policies. Knowing its intricacies is essential for any coverage lawyer involved in large-scale coverage analysis and disputes.
<i>Professional Development</i><br>Survey: Today's Am Law Chief Marketing Officer
December 01, 2016
<i><b>Dramatic Change Defines the Position</i></b><p>
Perhaps no non-practicing lawyer position has changed as dramatically as that of the leading marketing professional, which bears no resemblance to the position in the 1990s. Twenty-five years ago, law firm marketing executives were asked to put together brochures and prepare seating charts for client and partner functions. It's a different world today.
Optional Safety Equipment
November 01, 2016
<b><i>Part Two of a Two-Part Article</b></i><p><p>In last month's newsletter, the author began a discussion of the manufacturer practice of making increased safety features available to purchasers — but only for a price. The discussion concludes herein.
Protecting Counsel Privilege in a Post-Yates Memo World
November 01, 2016
<b><i>Part One of a Two-Part Article</b></i><p><p>While the Yates Memo makes no formal changes to the DOJ's position on privilege with respect to cooperation credit for businesses, its practical implications could be far-reaching.
Ninth Circuit Examines Copyright Liability Merch Photos Case
November 01, 2016
When, as is often the case, actual copyright damages are difficult to prove, statutory damages may provide the best option for recovery. Recently, in <i>Friedman v. Live Nation Merchandise</i>, the U.S. Court of Appeals for the Ninth Circuit considered, among other things, two issues greatly affecting the amount of statutory copyright damages: 1) willfulness; and 2) the number of separate awards available for downstream infringements.
