e-Discovery In An Information Governance World
June 02, 2015
Electronic discovery experts continue to put an emphasis on recognizing e-discovery as part of a complete information governance (IG) solution. Although this focus may be novel for e-discovery specialists, the management of corporate information at an enterprise level is far from new. Yet, despite its ubiquity, many professionals who have a solid grounding in electronic discovery struggle to understand how it falls into the broader world of information governance.
Drawing the Line Between Fact- and Expert-Witness Testimony
June 02, 2015
As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the "expert" testimony in question was actually from a fact witness.
The Greatest Article Ever Written on Puffery!
June 02, 2015
What might ordinarily be run-of-the-mill puffery can be transmogrified into large scale liability for a company where the company representative knows what he or she says is not reasonably supportable. A look at some recent cases.
Drawing the Line Between Fact- and Expert-Witness Testimony
June 02, 2015
As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the "expert" testimony in question was actually from a fact witness.
Beware: Not All Communications Between Court-Appointed Bankruptcy Professionals Are Privileged
May 02, 2015
A successful Chapter 11 representation requires a close working relationship between the client's attorneys and non-attorney professionals, and the latter are generally kept fully abreast of the attorney's strategies on behalf of their common client. But where a communication otherwise protected by the attorney-client privilege is disclosed to, or made in the presence of a third party, the communication may no longer be, or deemed never to have been considered privileged.
Case Notes
May 02, 2015
A bellwether bone loss drug case is settled.
The Internet User's Duty of Care
May 02, 2015
The duty one Internet user has to another has changed, particularly with respect to cyber-security and privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.
The 'Representations, Warranties and Covenants' Triumverate
May 02, 2015
Many retail leases contain provisions in which a party to the lease "represents, warrants and covenants" to some proposition. These three terms are often used together, as if the drafter were hoping to cover all bases by the belts-and-suspenders approach. It is quite possible, however, that many attorneys are not sure what bases they actually need to cover, so they throw in all the words just in case.
IP News
May 02, 2015
Fed. Circ.: Brand Pharmaceutical Company Entitled to 50% Of Generic Drug Maker's Profits During Patent Term Only <br>Fed. Circ.: Petitions For Panel Rehearing on Enhanced Damages In ' 284 Of the Patent Act Are Denied<br>Fed. Circ.: Defendant Unable to Seek Stay of Patent Infringement Suit Prior to PTAB Instituting Petitions Seeking Covered Business Method Reviews under AIA
