How Privileged Are Your Privileged Communications?
April 02, 2014
Corporate counsel may be surprised to learn that, under certain circumstances, plaintiffs in shareholder litigation have gained access to privileged materials upon a showing of "good cause" under the fiduciary exception. This article discusses the basis for the fiduciary exception, the factors involved in the good-cause analysis, and the circumstances under which courts have turned over privileged materials to plaintiffs.
Bit Parts
April 02, 2014
ICM Partners Escapes Personal Jurisdiction in Film Suit in Washington State<br>In Suit Against Sony Music, Toto Is Denied Access To Apple/UMG Agreements<br>Rulings in Advance of Beastie Boys' Trial Against Monster Energy
Judgmental v. Random Sampling
April 02, 2014
This year I thought it would be interesting to do some testing on TREC data to determine the best way to start a computer-assisted review project.
Seeking Quick Relief for Trademark Claims on Social Media Sites
April 02, 2014
Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. In the infringement context, trademark maintenance has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.
Med Mal News
April 02, 2014
More Proceedings in $50 Million Birth Injury Case <br>NC Surgical Patients Potentially Exposed to Lethal Disease
In-House Counsel in The Middle
April 02, 2014
Boards of directors are particularly subject to shareholder and shareholder activist scrutiny where conflicts of interest arise. Although not a particularly "classic" kind of conflict of interest, the conflicted general counsel presents traps for the board of directors.
Crafting the Effective Trademark Cease-and-Desist Letter
April 02, 2014
The cease-and-desist letter is a routine occurrence in the practice of most trademark attorneys. And, often it is treated routinely ' something that is little more than a form and is given little more thought than a form.
Florida Pro-Provider Laws
April 02, 2014
It has been said that there is nothing new under the sun, but that is not so in the Sunshine State, where efforts to enact medical malpractice "reform" resemble a religious crusade.
FTC: Professional Associations' Ethical Codes Restrict Competition
April 02, 2014
On Dec. 16, 2013, the FTC announced consent decrees settling charges that two professional associations, the Music Teachers National Association (MTNA) and the California Association of Legal Support Professionals (CALSPro), had violated Section 5 of the FTC Act by using their respective codes of ethics to restrain competition among association members.
Drug & Device News
April 02, 2014
Bellwether Trial Opening in Vaginal Mesh MDL <br>NuvaRing Settlement in the Works
