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Disparagement By Implication: Does an Insurer Owe a Duty to Defend? Image

Disparagement By Implication: Does an Insurer Owe a Duty to Defend?

Chet A. Kronenberg & Colin H. Rolfs

Two conflicting California appellate court decisions issued this year highlight the difficulty of determining when an insurer owes a duty to defend disparagement by implication claims. This article discusses the two divergent California decisions, as well as fact patterns that courts have generally agreed are (and are not) implied disparagement claims triggering an insurer's duty to defend

Features

From Banker Box to Jury Box: How to Get Your Exhibits Ready for Trial Presentation Image

From Banker Box to Jury Box: How to Get Your Exhibits Ready for Trial Presentation

Michael Skrzypek

Back in the analog days, a parade of lawyers and paralegals would march into the courtroom right before a trial started, carrying dozens of bankers' boxes filled with documents and other evidence. Now, a trial presentation technician walks into the courtroom carrying just a laptop, but one loaded with a trial exhibit database that contains the equivalent of hundreds of bankers' boxes of material.

Features

Internet Memes and Intellectual Property Risks Image

Internet Memes and Intellectual Property Risks

Scott J. Slavick

Internet memes ' those attention-getting images, videos, and catchy phrases that whip across the Internet via e-mail and social media ' have long been a part of online culture. But while a corporate strategy of exploiting memes can be highly entertaining and can capture consumers' attention, using these online assets can be risky if intellectual property rights are infringed in their dissemination.

Features

Applying Patent Teachings in Product Liability Cases Image

Applying Patent Teachings in Product Liability Cases

Anthony S. Volpe

In a product liability design defect action, evidence establishing the defectiveness of a product is paramount to a plaintiff's case. Conducting a patent search and an investigation of the state of the patent art may yield fruitful evidence regarding the defect or relative safety of the product at issue in a product liability action. But first some background to set the environment for how patents become patents.

Features

International Cooperation in the Regulation of Nanotechnology Image

International Cooperation in the Regulation of Nanotechnology

Vivian M. Quinn & Benjamin R. Dwyer

This article provides a broad overview of the general approach taken by major countries in the field of nanotechnology. It also describes steps taken in international cooperation in this area and suggests possible areas of international regulatory convergence.

Features

Asbestos Payments Per Resolved Claim Increased 75% in the Past Year Image

Asbestos Payments Per Resolved Claim Increased 75% in the Past Year

Mary Elizabeth C. Stern & Lucy P. Allen

An annual review of asbestos-related liabilities reported in companies' SEC filings, reveals that from 2010 to 2011, average payments per resolved claim increased 75%. Further review of the underlying data suggests that this increase in payments per claim is not due to a significant upward trend in asbestos liabilities. Instead, this increase can be explained by a change in the claim disease mix.

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

In-depth analysis of several key cases.

Features

Eminent Domain Law Image

Eminent Domain Law

ALM Staff & Law Journal Newsletters

A recent case of importance.

Features

Mitchell-Lama Conversions and the Martin Act Image

Mitchell-Lama Conversions and the Martin Act

Stewart E. Sterk

Can a limited-profit housing company seeking to withdraw from the Mitchell-Lama program avoid supervision by the Attorney General if the withdrawal does not involve any transfer of property or physical exchange of shares?

Features

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Analysis of three major cases.

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