Product Warnings Litigation: Fixing What's Wrong
April 02, 2015
A law review article by professors Aaron D. Twerski and James A. Henderson Jr. merits serious attention by the bench and litigation bar. Provocatively titled "Fixing Failure to Warn," the article once again reveals serious ills in the current system of warnings litigation.
To Avoid Claims, Assess Privacy Impacts of Marketing And CRM
April 02, 2015
Companies are increasingly relying on innovative and edgy digital marketing campaigns to promote their products and services. Campaigns often include user-generated content, viral marketing, the brand's website, a mobile application, and other social media and social networking elements. Companies are also looking to harness data through loyalty programs and consumer tracking to better understand, serve and reach their customers.
<b><i>Practice Tip:</i></b>Government Investigations and Proceedings
April 02, 2015
An area of significant concern for most companies is an investigation by a government regulator, and the subsequent administrative proceeding. Not only is there the possibility of fines and penalties, but the defense costs incurred in defending against such actions typically far exceed the actual penalty imposed. As a result, companies should plan ahead by obtaining insurance that will insulate their bottom line from government investigations and administrative proceedings.
e-Discovery
April 02, 2015
In recent years, the need to treat e-discovery as a repeatable, streamlined process has been well-evidenced by a series of U.S. court opinions citing a wide range of e-discovery failures, including those related to preservation of electronically stored information (ESI), document productions and identification of potential custodians.
The Internet User's Duty of Care
April 02, 2015
The duty one Internet user has to another has changed, particularly with respect to cybersecurity 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 Times, They Are A-Changin'
April 02, 2015
As more and more commercial clients move their legal teams in-house, competition among law firms continues to grow. With the legal industry still feeling negative impacts from the financial crisis, a considerable number of law firms have been pooling expertise and gaining market share through mergers and acquisitions.
IP News
April 02, 2015
Supreme Court: Findings on Likelihood of Confusion by TTAB <br>Federal Circuit: Actual Delay Not Required For Reducing Patent Term Adjustment<br>Federal Circuit: No Lost Profits for Related Unpatented Products
Jurisdiction in Product Liability Cases After 2014
February 28, 2015
In 2014, two Supreme Court decisions radically changed jurisdictional rules, which were in place since the middle of the 20th century. These two recent cases will have immediate, far-reaching consequences for all product liability litigators, plaintiff or defense.
