IP News
September 01, 2016
Federal Circuit: <i>Halo Electronics</i> Sent Back to District Court <br>
Electronic Discovery: A Level Playing Field?
August 01, 2016
Courts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI. The misconduct giving rise to sanctions has varied from fraud and bad faith to inadvertence.
The Adjudication of Affordability
August 01, 2016
In catastrophic personal injury actions, the largest element of compensatory damages often is the measure of the cost of lifetime future medical care. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
Third Circuit Limits Scope on Federal Preemption in Aviation Cases
August 01, 2016
The Third Circuit's 1999 decision in <I>Abdullah v. American Airlines</I> dropped a bombshell with its sweeping declaration that the Federal Aviation Act and its regulations preempt the "entire field" of air safety. Earlier this year, however, the Third Circuit sharply limited the scope of <I>Abdullah's</I> field preemption ruling, holding that it does not extend to state product liability claims.
Driverless Cars
August 01, 2016
Autonomous vehicles, or self-driving cars, are close to becoming an everyday reality, whether you like it or not. This article is a study of benefits and concerns from a product liability point of view.
New Regulations Affect '457 Plans for Non Profits
August 01, 2016
The announcement on June 21, 2016 by the Department of the Treasury provides further bright line tests for benefits provided by non-profits for their executives and professionals.
Business Triage
August 01, 2016
There is a whole host of issues and concerns in each matter involving a troubled company. What is the best way to evaluate a company's chance of survival? Perform an assessment of issues that can help determine if a company will survive, and considering additional factors that can influence a company's chances.
The Internet of Things
July 01, 2016
The buzz phrase "Internet of Things" is seemingly everywhere. What is it, what can it do for us, and what concerns does it present? More specifically, while the Internet of Things ("IoT," for short) presents tremendous opportunities for businesses, are there corresponding risks, or elements of the IoT that businesses should consider staying away from?
Additional Insured Form Undergoes Change
July 01, 2016
Transactional attorneys involved in negotiating commercial leases, construction contracts, or any contract in which one party requires the other party to provide insurance against personal injury or property damage should have a good understanding of the new "additional insured" form endorsement to a Commercial General Liability (CGL) insurance policy.