Electronic Discovery: A Level Playing Field?
July 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.
Case Notes
July 01, 2016
Discussion of a case in which the plaintiff alleged he was injured, while working as a baker, by a machine sold by the defendant distributor.
'Consent to Assignment' Clauses
July 01, 2016
Last month, in Part One of this article, we discussed the fact that most insurance policies contain anti-assignment provisions, purporting to prohibit the assignment of interests in the policy without the insurer's consent. Insurers rarely offer their consent to assignments. The discussion concludes herein.
Fundamental Issues in U.S. Taxation of Foreign Entertainers and Athletes
July 01, 2016
Even if a foreign athlete or entertainer has spent "too many" days in the United States and satisfies the "substantial presence test" (i.e., the individual's weighted sum of days over a three-year period is at least 183 days), there are two important ways in which the individual might nevertheless be treated as a nonresident, rather than a resident, alien.
Making Informed Choices about the Deep, Dark Web
July 01, 2016
A majority of Internet traffic and online data lives beneath the surface of the Web as we know it. In the darkest, hidden recesses of the Internet, individuals engage in illicit activities and cybercrimes, but also in substantial activism, journalism and sensitive communications.
General Jurisdiction After <i>Daimler AG v. Bauman</i>
July 01, 2016
As noted last month, the Supreme Court's recent decision in <I>Daimler AG v. Bauman</I> profoundly altered the law of personal jurisdiction when it held that a corporate defendant is subject to general personal jurisdiction only where the corporation may fairly be "regarded as at home." The discussion concludes herein.
Leasing in Latin America
July 01, 2016
Despite the cultural differences and political uncertainties that some investors face, Latin America is an attractive forum for foreign investment and is home to some of the largest economies in the world (Brazil and Mexico). Its proximity to the U.S. and its consumer demand make Latin America a profitable place for business.
The FDA's New Guidance on Data Integrity
July 01, 2016
The FDA recently released a draft guidance for industry, "Data Integrity and Compliance with CGMP" (Current Good Manufacturing Practices). This article highlights some of the key points in the guidance and attempts to identify the agency's central concerns and recommendations.
Drug & Device News
July 01, 2016
The latest news that affects the pharmaceutical industry.
Quarterly State Compliance Review
July 01, 2016
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2016, as well as some recent cases of interest.
