Liability Exposure When Experts Flub
January 01, 2017
In civil litigation, when retained or testifying experts err materially, causing a case or settlement loss, do they get some kind of immunity so that access to experts is not "chilled" by allowing experts to be sued frequently? The answer to this question is not so easy.<p><b><i>Part One of a Two-Part Article</b></i>
Equipment Financing Is on the Rise
January 01, 2017
According to the recently released U.S. Equipment Finance Market Study 2016-2017, conducted for the Equipment Leasing and Finance Association, 78% of respondents used at least one form of financing when acquiring equipment in FY 2015. This is up from 72% of respondents from the previous Foundation market study released in 2012, and represents an increase in the overall propensity to finance.
Design Defects at the CT Supreme Court
January 01, 2017
<b><i>A Doctrine In Flux</b></i><p>The big product-liability news at the Connecticut Supreme Court in 2016 was undoubtedly <i>Izzarelli v. R.J. Reynolds Tobacco</i>, a decision that refined Connecticut's standards for design-defect product-liability claims. But the decision may turn out to be even more notable for what it portends.
The Responsible Corporate Officer Doctrine
December 01, 2016
<b><i>Briseno v. ConAgra</b></i><p>The Food, Drug, and Cosmetic Act (FDCA) has historically allowed prosecutors to charge corporate employees with misdemeanors without having to prove personal participation or wrongful intent. But, as the use of the statute has become more frequent and penalties have gotten more severe, the constitutionality of such an application of the FDCA has come under heightened scrutiny.
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.
