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
The Greatest Article Ever Written on Puffery!
May 02, 2015
There is a precarious relationship between a company's boasting and the potential impact on those to whom it crows. In the parlance of the law, communication of this type has come to be known as "puffery."
How to Obtain Social Media Data for Defending Lawsuits
May 02, 2015
It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data. Armed with information, the informed attorney may well reap huge rewards when engaging in digital discovery.
Rise or Demise of Take-Home Asbestos Exposure Claims?
May 02, 2015
The introduction of secondary or "take-home" exposure claims has extended asbestos litigation to a new generation of potential plaintiffs and has premises and manufacturing defendants reeling over the concept that duty of care may now extend to unknown persons who have never stepped foot on a worksite or used an asbestos-containing product.
In Pennsylvania: Product-Liability Law Post-<i>Tincher</i>
May 02, 2015
In announcing its long-awaited decision in <I>Tincher v. Omega Flex</I>, 2014, the PA state supreme court ruled that Pennsylvania's 40-year-old case law should be reformulated. Unfortunately, the court's effort may not have succeeded in bringing clarity and a universally workable definition of product defect to the state.
