The Billion-Dollar Divorce
May 02, 2015
A wealthy wife's award of approximately $1 billion of $16 billion in potential assets has been the focal point of stories and discussions about the case. But the details of the decision, as well as the manner in which the case was handled, serve as important reminders of how large-asset divorce cases are litigated across the country and in Pennsylvania in particular.
Custom-and-Practice Evidence: Exclusion from the Medical Malpractice Case
May 02, 2015
The admission of evidence of a health care provider's customary practices to prove that he or she acted in accordance therewith in a specified plaintiff's case is not necessarily guaranteed. Last month, in Part One, we began looking at how New York's courts have handled the issue of admissibility when such evidence was offered. We conclude that discussion here.
Third Circuit Revives Challenge to Firm's Debt Collection Practices
May 02, 2015
A lawsuit over a law firm's foreclosure practices on behalf of Bank of America has been revived by the Third Circuit. But while the appeals court revived the plaintiff's federal claims, it upheld the dismissal of the state law claims after it predicted how the Pennsylvania Supreme Court would rule on the issue.
Med Mal Damages: Quantifying the Seemingly Unquantifiable
May 02, 2015
In order to assess the validity of economic losses within the field of medical malpractice, a number of variables must be taken into consideration. And depending on the alleged loss advanced, there exist subjective elements that make it difficult to gauge and evaluate those allegedly caused by the medical malpractice.
<i>B&B</i> Offers Rest And Repose
May 02, 2015
The U.S. Supreme Court, in <i>B&B Hardware, Inc. v. Hargis Industries</i>, concluded that a TTAB finding of likelihood of confusion can have preclusive effect in a later infringement litigation.
Battling Grey Goods? Advantages of ITC Now Writ in Black and White
May 02, 2015
Customers in the United States often pay more for valued branded goods than buyers of the same goods in less well-developed economies. Higher prices here in the U.S. in turn support profits and shareholder value for manufacturers of branded goods, and strengthen domestic industry.Yet this pricing disparity for the same products in different markets creates an incentive for the so-called grey market.
<b><i>In the Spotlight:</i></b> Frustration with ADA Lawsuits
May 02, 2015
There is now a cottage industry surrounding the filing of ADA lawsuits that has spread from Florida and California to the rest of the country. If it is not in your town or your state, it will be soon. Many of these claims are being brought by serial litigants who work frequently with the same lawyers.
Long-Awaited Guidance on L-1B Visa Category Released
May 02, 2015
The highly anticipated draft Policy Memorandum (L-1B Memo) addressing the qualifying criteria for the L-1B visa category was released by USCIS on March 24, giving clear guidance on the definition of "specialized knowledge" and the standard of review USCIS adjudicators should apply when evaluating L-1B petitions. Corporate counsel should be prepared to address the qualifying criteria.
Legal Incubators and Legal Hackers
May 02, 2015
Legal training in law schools prescribes an unflinching adherence to precedent. This paradigm is further reinforced in most traditional legal practice settings. In contrast, the legal hacking ethos directly attacks the rigidity of the precedent-based mindset. Legal hackers don't think: "what's been done before?" but instead "what can we do now?"
