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The heightened pleading requirements of <i>Bell Atlantic Corp. v. Twombly</i> require that practitioners who plan to file a complaint in a medical device case be even more cautious than usual. Otherwise, they may be subject to a dismissal on the pleadings.
Medical experts testifying about causation in toxic tort, medical device, and pharmaceutical litigation frequently claim to base opinions upon a dispassionate review of the scientific literature, the same analysis they perform in their clinical practices. But peeling back the fa'ade often reveals that they have done nothing of the kind.
If you're looking to test the cloud waters, e-mail is an excellent place to start. Eliminating complexity, adding an additional layer of "always-on" business continuity, and realigning your staff's priorities is worth the cost of admission.
For a few law firms, the post-recession legal world looks the same as it did pre-recession, but for most, it is one where significant changes must be made to their business models in order to survive and prosper.
Features
How odd that at a time when unemployment in law firms is at a peak, and uncertainty about jobs for recent graduates is rife, enrollment at law schools is reported to be rising.
Features
The two major challenges now facing lawyer management in many of these mid-sized firms are motivating the non-entrepreneurial attorneys to achieve and to perform, and retaining the "over-achiever" attorneys so they will not leave the firm.
Continuation of the in-depth discussion begun last month, with emphasis on Implications of behavioral finance for ERISA litigation.
Features
Despite the EEOC's dire predictions, Muslims, Arabs, and other people of eastern descent living in the United States have not seen the social ostracism experienced by these groups in other countries.
Features
This article focuses on the potential for extraterritorial application of the expanded Sarbanes-Oxley provisions and the new SEC whistleblower cause of action.
Features
Most office leases require tenants to actively carry on business from their leased premises, and prohibit tenants from vacating or abandoning the premises. It is becoming increasingly common, however, for tenants to object to these provisions and to request the lease include a "go-dark" provision.