Court Watch
October 02, 2014
Franchisor's Control over System Uniformity Insufficient to Show Vicarious Liability <br>Printed Names Without Signatures Satisfy Requirement That Personal Guaranty Be Signed
Court Praises Predictive Coding, Then Rejects It
October 02, 2014
in <i>Progressive Casualty Ins. v. Delaney,</i> the court sheds light on the reasons why parties have been reluctant to accept predictive coding, the need for cooperation and transparency with one's adversary, the resulting risks of this cooperation, and highlights a key debate over best practices ' whether search terms can be used to first limit the universe of documents before predictive coding is employed.
Practice Tip: Maintaining Privilege with Consultants
October 02, 2014
If you are outside counsel, once you know what legal standards apply to claims of attorney-client privilege between a company's general counsel and outside consultants, the next step is maintaining that privilege.
Failure to Diagnose
September 02, 2014
The "bread and butter" of medical malpractice litigation is the failure to diagnose a case. Failure to diagnose is also, perhaps, the most controversial type of malpractice claim. Here's why.
Avoiding FCPA Liability by Tightening Internal Controls
September 02, 2014
Tightening up internal controls and putting in place an effective compliance program are crucial for lessening or even eliminating FCPA exposure -- and subsequent huge fines. The primary elements of an effective compliance program are discussed in this article.
New Jersey Manufacturers and Punitive Damages
September 02, 2014
As discussed in Part One of this article, New Jersey's Products Liability Act (Defective Product) prevents injured plaintiffs seeking compensation from drug and device manufacturers from being awarded punitive damages. While New Jersey courts are bound by the statute's manufacturer protections, courts located in other jurisdictions have given the law mixed levels of respect.
In the News
September 02, 2014
Fed. Circ. Reverses Denial Of Motion To Stay Post-Grant Review of Covered Business Method Patent<br>Fed. Circ. Vacates Injunction and Civil Contempt Sanction after USPTO Cancels Claim At Issue<br>Fed. Circ. Finds Potential Antitrust Violations by Patent Owner in ANDA Case
Bitcoin and Technology Challenges in Criminal Law
September 02, 2014
Online technology presents numerous challenges to attorneys during litigation, while managing their firms and marketing their services, and in trying to keep up with the newest legal developments and rulings. A recent decision in a case of first impression by the U.S. District Court for the Southern District of New York highlights how online technology also presents challenges in criminal law enforcement.
Unraveling Plain Meaning, Extrinsic Evidence And the Doctrine of Contra Proferentem
September 02, 2014
As anyone involved with insurance coverage litigation knows, "<I>contra proferentem</I>" is a rule of contract interpretation that requires an ambiguous contract term to be construed against the drafter of the contract. That the doctrine is also called the "contra insurer" rule speaks to the fact that, when interpreting insurance policies, courts sometimes forget that general rules of contract construction still apply.
