Focus Groups
August 31, 2006
You have a big trial looming; let's say an infant death or quadriplegia case. You think the medicine is sound, your experts are comfortable with their positions and the client wants to go forward. At the same time, the injuries to the plaintiff are substantial. Do you 'roll the dice' with a jury, or do you settle for a 'reasonable amount'? This is the dilemma faced by medical malpractice lawyers every day, and the decisions required here are not easily made.
Product Liability Insurance: Can You Not Have It?
August 31, 2006
Today's economy depends heavily on the enormous range of products that are sold daily to consumers. Indeed, consumer demand for both the necessities and conveniences of life ' everything from lawn mowers and ovens to trampolines and espresso makers ' drives many manufacturers constantly to develop new products to sell. In today's litigious society, however, virtually every product sold represents at least the potential for product liability exposure. Jury awards and settlements frequently make headlines ' everyday household appliances, such as coffee makers, fryers, and blenders, have yielded damage awards or settlements as high as $2.25 million. Injuries from lawn mowers have generated awards or settlements as high as $2.6 million. Even furniture has the potential to yield awards or settlements in excess of a million dollars. Moreover, product liability exposure has ruined certain industries, <i>eg</i>, asbestos, and small companies without adequate insurance protection could face bankruptcy from a single product recall.
Liability Without Harm: Is There a New Source of Catastrophic Liability Lurking Within Your State's Consumer Protection Statute?
August 31, 2006
The $10.1 billion judgment entered against Philip Morris in an Illinois state court in 2003 received national attention, as did the reversal of that judgment in December 2005. <i>Price v. Philip Morris Inc.</i>, No. 00-L-112 (Ill. Cir. Ct. March 21, 2003), <i>rev'd</i>, No. 96236 (Ill. Sup. Ct. Dec. 15, 2005). Less well known, however, is the theory under which the plaintiffs won their judgment at trial. Unlike the plaintiffs in some other large tobacco verdicts, the plaintiffs in Price did not claim personal injury or wrongful death. Instead, the plaintiffs alleged that Philip Morris deceived them into believing that 'light' cigarettes were safe and caused an entire class of people to pay more for the cigarettes than they should have.
Opportunities for Landlord Abound When Tenant Exercises Renewal Option
August 30, 2006
When a tenant exercises an option to renew its lease, the landlord's usual inclination is to save time and effort by treating the tenant's notice letter as sufficient to accomplish the renewal. This inclination should be strongly resisted ' not only because such a notice may be inadequate, but also because the landlord may be missing out on an opportunity to update the original lease and often improve upon the existing documentation. This is especially true where the renewal is at 'market,' which offers the landlord the possibility to argue that certain changes are necessary to conform to market conditions.
Fiduciary Duties Owed to Subsidiary
August 30, 2006
On June 23, 2006, the jurisdiction that invented the 'zone of insolvency' delivered its latest lesson on the fiduciary duties of directors and officers of insolvent companies. The Delaware Bankruptcy Court, in <i>In re Scott Acquisition Corp.</i>, ___ B.R. at ____, 2006 WL 1731277 (Bankr. D.Del. 2006), ruled that directors and officers of insolvent subsidiary companies owe fiduciary duties to both its creditors and the subsidiary itself. Before this, leading cases on this issue held that fiduciary duties were owed only to creditors and the single-shareholder, parent companies. Though the decision stands on some firm legal ground, it is sure to create more uncertainty and doubt in the boardroom.
Thelen Reid to Get Its China License
August 29, 2006
Thelen Reid & Priest will receive its license to practice in China at a ceremony in Beijing on August 30, a sign of thawing in what was seen as a freeze on the government issuing licenses to foreign firms.
CD: 10/3/06 - Integrating and Maximizing Business Development Training
August 24, 2006
Business development training requires a significant commitment of time and resources, and a vision of where participants in such a program want to be in their practice. A number of law firms have learned the hard way that simply providing a sales or coaching program does not necessarily guarantee results. Learn what it takes to implement the necessary strategies to get the most from your training efforts.
Privacy and Brazilian Law
August 16, 2006
The need for laws written expressly to protect the privacy of personal consumer data is a growing global phenomenon. It began primarily in more technologically advanced countries, where communication between individuals or companies via electronic means has overtaken more traditional means of communication. In addition, countries that place a high level of importance on democratic values also tend to prioritize protection of privacy, given that individual human rights and individual freedoms are typically important values in such societies. A third relevant factor related to a country's focus on protecting privacy is the level of participation a country's citizens have in the market. A country in which its citizens participate actively in the market has a greater need for the collection, storage, sorting, sharing, and other manipulation of consumer data. Therefore, such countries become a target for individuals or organizations wishing to economically tap such information.
<b>Online Exclusive:</b> Best Practices for E-mail Security
August 15, 2006
E-mail has a tremendous potential to become the source of leakage of information from any organization, but chief security officers are rapidly taking advantage of new technologies to stop leaks while enabling the flow of appropriate information.
