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Liability Risks Hamper Clinical TrialsMedical Malpractice Law & StrategyWhile the current clinical trial scheme in the United States requires sponsors of trials to provide potential participants disclosure as to known possible risks of participating, there is no coherent and dependable scheme in this country for the protection of patients, hospitals and sponsors against the costs posed by clinical trial injury.
The Assault on Traditional Long-Arm Jurisdiction ContinuesLJN's Product Liability Law & StrategyA review of Nicastro v. J. McIntyre Machinery America, Ltd., in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.
Unconstitutional Burdense-Commerce Law & StrategyRecord-breaking budget shortfalls have caused states to search outside the box for revenue-raising tools that many argue are unconstitutional and violate the consumer privacy that online shoppers have come to expect. Today, with so much of retail activity conducted over the Internet, states are reacting by becoming ever more creative in their attempts to capture this lost revenue by adopting new laws aimed at circumventing the Commerce Clause restrictions.
Discovery and ‘Non-Egregious’ Marital FaultNew York Family Law MonthlyEven as no-fault divorce legislation in the State of New York has been signed into law, matrimonial practitioners continue to deal with the vestiges of fault-based litigation.
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Age Discrimination in EmploymentThe Corporate CounselorAge Discrimination is once again in the news after a recent ruling by the U.S. Supreme Court on an Age Discrimination Employment Act (ADEA) claim. And why not? In the last ten years, age discrimination claims have risen 61% to over 24,000 claims in 2008, according to Equal Employment Opportunity Commission.
Performing a Litigation Audit on Your Lease AgreementsLJN's Equipment Leasing NewsletterThis article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions: choice-of-law, forum selection, venue, jury trial waiver and attorney’s fees.
Personal Jurisdiction Caught in a WebInternet Law & StrategyEvery day, courts must address questions that from a technical perspective simply make no sense. One of the most basic is: "Where is the Internet?" From its earliest origins, the Internet was designed with a distributed structure; it was designed to make certain the answer to that question would be: "Who cares?" Unfortunately, as is so often the case, the law lacks that kind of flexibility. It requires an answer.
Plug Pulled on Live Video TestimonyLJN's Product Liability Law & StrategySome important factors seem to be impeding a rush toward televised trials. A split decision by a New York appellate court, in the criminal case of People v. Wrotten, amply reflects some of the tensions. While Wrotten is a criminal case, the ramifications of the decision extend to civil litigation and potentially product liability cases. This two-part article will examine those ramifications.
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Asset Sales in BankruptcyNotwithstanding the dramatic events of the historic mega-bankruptcies over the last two years, little may actually have changed for debtors and potential acquirors of distressed assets on a going-forward basis.
Divorce and the ‘Special-Needs’ ChildThis article explores some of the issues of a divorcing family with a special-needs child so that appropriate custodial arrangements and financial resolutions can be fully and appropriately addressed in the divorce process.
Unauthorized Uses of Music in Campaign AdsLawrence Y. Iser served as attorney for Jackson Browne in the McCain litigation and is counsel to musician David Byrne in a pending action against Florida Governor Charlie Crist that was filed after Crist used the Talking Heads’ song and recording "Road to Nowhere" in Crist’s campaign ad for the U.S. Senate. In the Q&A that follows, Iser responds to questions about litigation and related issues regarding music in political ads.
The Deepwater Horizon Oil Spill: Potential Insurance Coverage ImplicationsMore than 300 lawsuits have already been filed in Louisiana, Florida, Texas, Mississippi, and Alabama against BP and other corporations involved in the Deepwater Horizon oil spill, including Transocean, Halliburton, and Cameron, with thousands more anticipated. This article briefly addresses the contours of the coverage lawsuit already filed against BP and other coverage disputes we may see in the future.
How Technology Can Drive Effective Case CollaborationReviewing depositions and documents faster and more efficiently is critical for law firms in the face of increasingly complex and arduous litigation processes. While many firms are already using collaboration tools to promote and facilitate ongoing interaction across legal teams, it has also introduced new challenges. Predominant among them: How can legal teams and counsel leverage technology to collaborate and more efficiently manage case administration and trial preparation while keeping costs at a minimum?
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