Features
Supreme Court: Defendants Entitled to Adequate Assistance During Plea Bargaining
The U.S. Supreme Court recently held that the Sixth Amendment guarantees criminal defendants the effective assistance of counsel during the negotiation and consideration of plea offers.
Features
Michelin Settles Tire Case
Two months after a federal judge in Atlanta sanctioned Michelin North America with a finding that one of its tires was defective and unreasonably dangerous, the company has settled with an Alabama man.
Features
Practice Tip: Daubert's 'Fit' Requirement
Three circuit courts provide an alternative to thw majority trend and hold that <i>Daubert's</i> "fit" requirement is not satisfied when the disconnect between an expert's data and opinions is too "wide."
The Mensing Preemption
The interplay between the Learned Intermediary Doctrine and the <i>Mensing</i> preemption should bar nearly any claim a plaintiff may assert against a generic manufacturer for failure-to-timely-update ...
Features
Navigating the Tricky Terrain of Remote and Self-Collections
Although predictive coding has been the most prominent buzzword in e-discovery circles this year, remote collection of ESI remains a hot topic. Remote collections have been viewed by IT staff as a way to save time and money. But legal professionals remain skeptical.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Franchise Disputes in Canada: The Case for Mediation and Arbitration
Franchise disputes are a natural fit for ADR in Canada, and more and more franchise disputes are likely to head to ADR in the future.
Features
Franchises Now Focus on Health Care Reform's Practical Effect
Now that the U.S. Supreme Court has given a green light to implementation of the Patient Protection and Affordable Care Act, franchisors and franchisees are assessing how the law will affect their businesses.
Features
Expanding Your Social Network
When used in a conscious and planned manner, social networking sites can offer a number of benefits to the firm as well as individual attorneys and staff.
Features
Competitive Law Firm Leadership
Many firms have recognized the need for strong business, marketing and technology management and have hired well qualified and highly compensated individuals to fill those areas of need. However, the area in which only minimal progress has occurred is in the most crucial area of Law Firm Leadership.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›