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Revisiting Pretrial Protocol and Procedure
In last month's issue, we discussed the defense problem of increasingly high med-mal verdicts. This month, we explore strategies that defendants anticipating their personal day in court should consider if they hope to buck the trend toward high jury verdicts in medical malpractice actions.
Counsel experienced in the defense of medical malpractice cases generally retain medical defense experts early in the litigation, to assist with the course of discovery and interpretation of medical records. The insight and expertise provided by such consultants is often a factor in the formulation of discovery requests. None of this is new; it is clearly standard operating procedure in the defense of medical negligence claims.
Similarly, case presentations before mock juries are a valuable teaching tool. Often, two or more mock juries will be “empanelled,” to provide the defense with an opportunity to present its case in alternate fashions, in order to identify the more effective technique and message for trial. The expense of preparing for and presenting a case to a mock jury panel is not insignificant. However, when the potential verdict is in the seven- and eight-figure range, the investment is often warranted.
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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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?