An in-depth review of recent litigation that affects this practice area.
- July 26, 2011David R. Geiger and Creighton K. Page
The heightened pleading requirements of Bell Atlantic Corp. v. Twombly 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.
July 26, 2011Larry GoldhirschMedical 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.
July 26, 2011John D. SearIf 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.
July 25, 2011Luke CorleyFor 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.
July 25, 2011Jonathan S. KuoHow 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.
July 25, 2011Bruce W. MarcusThe 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.
July 25, 2011Joel A. RoseContinuation of the in-depth discussion begun last month, with emphasis on Implications of behavioral finance for ERISA litigation.
July 25, 2011John MontgomeryDespite 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.
July 25, 2011Philip M. BerkowitzThis article focuses on the potential for extraterritorial application of the expanded Sarbanes-Oxley provisions and the new SEC whistleblower cause of action.
July 25, 2011Jason C. Schwartz, Thomas M. Johnson, Jr., and Amanda Penabad

