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Mitigating Data Breach Risk
April 01, 2016
Today's legal departments are undergoing fundamental changes thanks in part to the imminent threat of ongoing cyberattacks. Given the massive breaches at some of the world's visible brands ' Anthem, Blue Cross Blue Shield, Experian and Sony Pictures Entertainment, to name just some of the most notorious recent victims ' it is increasingly clear that cybersecurity can no longer be regarded as the exclusive domain of IT.
Med Mal News
April 01, 2016
Professional Association's Censure Not Actionable in Courts
Media & Communications: Engage with Content
April 01, 2016
Strategy is a high-value word. When something is "strategic," it is seen to have value and purpose. What then is the strategic value and purpose of thought leadership and content marketing?
In the Courts
April 01, 2016
Analysis of a case in which fraud convictions were vacated for a district judge's evidentiary errors.
Development
April 01, 2016
In-depth analysis of three recent cases.
Wearable Fitness Tracking Devices
April 01, 2016
As the use of fitness trackers and other personal monitoring devices becomes more prevalent, an increase in consumer litigation over them is inevitable. Because such devices are still cutting-edge in many respects, the opportunities for unexpected manufacturing and design problems is also high. And because some of the data involved may be highly personal, the risk of privacy breach claims is certainly not zero.
Park Doctrine Prosecutions of Corporate Officers Continue: Stay Alert!
April 01, 2016
Individual corporate officers of pharmaceutical, medical device, food and related companies can be prosecuted for violations of the United States Federal Food, Drug, and Cosmetic Act (FDCA) under the Park Doctrine. Such prosecutions "tip off" plaintiffs' attorneys to possible areas of product liability litigation to bring against a company.
Seventh Circuit Voids Lien-Securing Rescue Loan
April 01, 2016
A "bank [making a secured rescue loan] had information that should have created the requisite suspicion ' to conduct a diligent search for possible dirt" ' <I>i.e.</I>, whether the debtor had the right to pledge $312 million of customer securities, held the U.S. Court of Appeals for the Seventh Circuit on Jan. 8, 2016.
Nursing Homes, Long-Term and Advanced-Care Facilities
April 01, 2016
In light of corporate negligence's history with state courts, the question becomes: What types of duties have been found to flow directly from nursing homes, long-term and advanced-care facilities to a potential plaintiff, bypassing employees and agents entirely?
Boundaries of Patent Exhaustion Defense Explored, Decided (For Now) In <i>En Banc Lexmark</i> Decision
April 01, 2016
Despite over 150 years of Supreme Court precedent, even the most basic precepts of patent exhaustion doctrine remain unsettled. In <i>Lexmark,</i> the United States Court of Appeals for the Federal Circuit grappled with the very foundations of the so-called "first sale" defense.

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