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Weighing the Benefits: How Much Weight Will Your Survey Have in Court?
As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. In a previous article, our Analysis Group colleagues drew on our collection of over 300 U.S. court rulings to provide tips on how to conquer the admissibility hurdle.
However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is given the appropriate weight, i.e., convincing the fact finders that your survey's results are dependable and useful.
Technical Flaws Are More Likely to Impact a Survey's Weight than Its Admissibility
As described in our first article in the July issue (see, "Survey Says: Tips on Getting Over the Daubert Hurdle"), some survey flaws can be fatal, leading to exclusion under Daubert and causing real harm to a case and potentially to the credibility of the expert who submitted the excluded survey. However, in other instances, even surveys that have been found to suffer certain technical flaws may ultimately be admitted into evidence. This is especially true when the court concludes that the flaws identified in the Daubert briefings have more bearing on a survey's weight (or credibility) rather than on its admissibility.
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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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.