Features
Do <b><I>Daubert</I></b> Motions Really Work?
<b><I>Part Two of a Three-Part Article</I></b><p>Like baseball batters in a lineup, the home run potential of any given <I>Daubert</I> motion varies greatly. Players without a good eye for the fast ball usually do not make it to the big leagues; lawyers without the skill set to deconstruct and demonstrate the methodological flaws in a disclosure of opinion testimony may get to play in the big leagues, but they have terrible batting averages.
Columns & Departments
Verdicts
A court recently declined to order a new trial in a medical malpractice case in which defense counsel made an erroneous statement concerning the burden of proof, after finding that the plaintiff failed to show prejudice.
Columns & Departments
Landlord & Tenant
Discussion of four major cases.
Features
What Can We Tell About the Trump Administration's Focus on Compliance?
There are a few early signs that the Trump administration will continue to hold companies to the “way of compliance.” But after the first five months of his presidency, there are still questions about where enforcement is heading in specific compliance areas.
Columns & Departments
Supreme Court News
'Disparaging' Trademarks Decision<br>High Court Declines Takedown Notice/Fair Use Case
Features
Third Circuit Sides With Creditors in EFIH Make-Whole Dispute
At the end of last year, the Third Circuit added to several recent decisions addressing whether a creditor was entitled to payment of a "make- whole" premium in connection with a Chapter 11 case. The court's opinion is the most creditor-friendly decision issued to date on this topic.
Columns & Departments
Case Notes
Gun manufacturers Remington and Bushmaster have asked the Connecticut Supreme Court to throw out the case brought against them by the families of the victims of the 2012 Sandy Hook Elementary School massacre.
Columns & Departments
Business Crimes Hotline
Analysis of a case in which a jury in New York convicted the former Minister of Mines and Geology of the Republic of Guinea, Mahmoud Thiam, on one count of transacting in criminally derived property and one count of money laundering in the amount of $8.5 million.
Features
Court of Chancery Dismisses Post-Closing Challenge to Merger Transaction
Stockholders who believe that a board breached its fiduciary duties in connection with information provided to stockholders asked to vote for a merger transaction can either seek to enjoin the transaction or seek damages post-closing. In light of the Delaware courts' jurisprudence post-<i>Corwin</i>, such claims are unlikely to succeed
Columns & Departments
Business Crimes Hotline
Analysis of a case in which a jury in New York convicted the former Minister of Mines and Geology of the Republic of Guinea, Mahmoud Thiam, on one count of transacting in criminally derived property and one count of money laundering in the amount of $8.5 million.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›