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Recognizing and Managing Serial Litigation
Among the challenges facing product manufacturers in the 21st century are recognizing and managing the legal threat posed by multiple, individual product liability lawsuits in multiple jurisdictions.
In the context of this article, “multiple product liability lawsuits” is not synonymous with mass torts, class actions, multidistrict litigation, or the other varieties of aggregated claims permitted by civil joinder and interpleader rules. Most defendant manufacturers have no difficulty identifying aggregated claims as potential bet-the-company threats deserving special attention and resources, and the management of aggregated claims has become a high art in nearly every quarter of the legal community.
Serial litigation, however ' involving smaller numbers of plaintiffs asserting unaggregated claims ' is potentially just as threatening to a product manufacturer as the high profile class action or Multidistrict Litigation (MDL). In part because of serial litigation's lower profile, and in part because mismanagement of multiple claims can balloon into a class action, serial litigation can inflict significant legal and economic damage on a manufacturer unless the nature of the danger is fully understood as soon as possible and managed to an optimal conclusion.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.