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The Fifth Element: Adding to the Daubert Criteria
In the 15 years since Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the criteria used to determine reliability of opinion evidence under FRE 702 have become a familiar litany.
Most commentators find in Justice Harry Blackmun's opinion four nonexclusive factors for assessing whether the methodology underlying proffered opinion testimony provides the necessary assurance of reliability. E.g., Standards and Procedures for Determining the Admissibility of Expert Evidence After Daubert, ACTL (1994). In shorthand form, trial lawyers refer to the four factors as: 1) testability, 2) peer review, 3) potential error rate, and 4) general acceptance.
Any trial lawyer re-reading Daubert, however, or reading afresh the Ninth Circuit's application of the Daubert standard on remand from the U.S. Supreme Court, see 43 F.3d 1311 (9th Cir. 1995), may be surprised to learn that a fifth reliability element ' often overlooked ' is frequently applicable and very useful.
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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?