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Sharing Medical Device Mass Tort Actions
A medical device case poses numerous pleading problems (see “Practice Tip: Pleading Medical Device Complaints,” LJN's Product Liability Law and Strategy, August, 2011). However, before one even reaches the pleading stage, there are major hurdles to consider.
If a firm is “lucky” enough to be retained on 100 such cases, the legal triage begins immediately. The major issue facing the plaintiff's lawyer during client intake is to decide which cases to file immediately and which cases can wait. This depends, of course, on the statute of limitations the lawyer determines will be applicable ' and that is no small task. Ever since the U.S. Supreme Court's decisions in Goodyear v. Brown, 131 S. Ct. 2846 (2011), and Daimler v. Bauman, 134 S. Ct. 746 (2014), jurisdiction over out-of-state manufacturers has become an unstable issue in every case where a plaintiff has been injured by a product designed and manufactured outside of the plaintiff's state of use. (See “Jurisdiction in Product Liability Cases after 2014,” LJN's Product Liability Law and Strategy, March, 2015.)
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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.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.