Mobile Medical Apps and Product Liability
April 01, 2016
As mobile medical apps become central to medical care, litigation is inevitable. A threshold issue in such litigation is likely to be whether or not a mobile app is, in the first instance, subject to FDA regulation.
Copyright Act Preempts Players' Publicity Rights for NFL Films
April 01, 2016
Twenty-three professional football players brought a class action lawsuit against the NFL, claiming that films produced by NFL Films violated their state rights of publicity and constituted false endorsement under '43(a) of the Lanham Act. Twenty of those players settled with the NFL. However, the other three players elected to pursue their suit.
Nine Tips for Making the Most of Your Content Marketing
April 01, 2016
Content marketing is a proven way to attract and retain clients, but it's also time-consuming and difficult. It's hard to get attorneys to provide content and marketing departments are stretched to the limit. Fortunately, there are a lot of tactics to help you create and promote content more effectively and successfully.
The Power of the Business Plan
April 01, 2016
A powerful business plan can change your life, especially if you are in a moment of transition with your practice. Any lawyer who wants to have his or her own clients ' or more of their own clients ' should outline their plan to obtain that goal. Arguably, the most critical juncture is when you are looking at other firms in hopes of making a lateral move, but there are no bad times to put together an action plan for expanding your practice.
Ethics and Criminal Practice
April 01, 2016
You meet with a new client, a finance manager of his church. He is being investigated for embezzlement. As you look at the issue, you become concerned that your client and his supposed cohort, the church treasurer, may have had a meretricious relationship, which might lend credence to the investigation. But your client tells you that is simply not the case. What do you do?
AccessData's Summation 6.0
April 01, 2016
It's understood that the "discovery wars" have long been far more than litigation maneuvering by both sides in a case. Even without intention, the volume and complexity of electronically stored information pertinent to litigation results in cost burdens that affect substantive decisions in a case.
Verdicts
April 01, 2016
Hospital Remains in Suit After Court Finds Ostensible Agency <br>NY Appeals Court Finds Physicians May Opine As to Proximate Cause in Cases Involving Claims Outside Own Specialty
<i>Voice of the Client</i>: Practice What You Preach: 2.0
April 01, 2016
Your OWN network is just as important to develop and maintain as it is for any professional. Because we spend so much of our time helping others to focus on cultivating their networks, we often neglect to tend to our own.
Dismissal of Suit Against TV Program Upheld
April 01, 2016
A television station's report that two stores in the D'Lites chain of dietary ice cream franchises were mislabeling their "small" portions as low calorie and low carb was "substantially true," and a defamation claim by a franchise owner was properly dismissed, a Manhattan appeals court said on March 15.
Predicting the Tides
April 01, 2016
It is a fact pattern common to asbestos-related lawsuits: A plaintiff recalls generally working around different products that may or may not have contained asbestos, but cannot pinpoint specific time periods or locations where those products were present and could have exposed the plaintiff to asbestos. Typically, the alleged exposure occurred three or more decades ago, with no potential corroborating documents or witnesses surviving to the present date. This scenario places defendants in the untenable position of defending a claim without access to any information on the products, or the alleged exposure, that will either confirm or deny that the identified products were both present in the plaintiff's workplace and actually contained asbestos.
