Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
For Defendants: Developing the Sophisticated User/Intermediary Defense
In defending silicosis claim lawsuits, defendants must try to demonstrate the knowledge and sophistication of the plaintiff. This can be challenging, however, when the plaintiff disclaims knowledge or claims reliance on specific information from his or her employer or suppliers. The “sophisticated user” defense generally focuses on the knowledge and sophistication of the employer as a corporate entity regarding the industry as a whole and the product or product's inherent hazards specifically.
There are good reasons to focus on several levels within the company. Co-workers of the plaintiff are likely to be less knowledgeable and sophisticated than people higher in the corporation, but securing admissions that people similarly situated to the plaintiff were aware of hazards will help undermine the credibility of a plaintiff who is feigning ignorance. Developing the knowledge and sophistication of the corporate employer, however, usually requires deposing people in management.
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.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?