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Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Discussion of recent litigation of importance.

Features

Practice Tip: Putting a Product on Trial Without Compromising the Defense Image

Practice Tip: Putting a Product on Trial Without Compromising the Defense

Peter A. Antonucci

A discussion of the current state of the law pertaining to the self-evaluative privilege.

Features

Liability of Corporate Actors Under the Alien Tort Statute Image

Liability of Corporate Actors Under the Alien Tort Statute

Allison M. Alcasabas & Michael R. Kelly

Recent decisions from the Second Circuit, rejecting corporate liability under the ATS and imposing high standards for successful aiding and abetting claims, provide a fresh look at ATS claims involving corporate actors, with potentially broad implications for this area of litigation.

Calculating Reasonable Royalty Damages for Indirect Infringement Image

Calculating Reasonable Royalty Damages for Indirect Infringement

Dmitry Karshtedt

In two recent cases decided only three weeks apart, the Federal Circuit gave conflicting pronouncements on the issue of whether trial courts can limit damages as a matter of law to proven instances of direct infringement.

Provisions of the 2010 Tax Relief Act Image

Provisions of the 2010 Tax Relief Act

Richard H. Stieglitz & Zachary H. Zimmet

The 2010 Tax Relief Act provides for the extension of many favorable tax cuts that may provide law firms, their partners, staff and clients with unique planning opportunities over the next two years.

Features

DOL Issues Final Regulations on Mandatory Fee-Disclosures Image

DOL Issues Final Regulations on Mandatory Fee-Disclosures

Marcia S. Wagner

On Oct. 14, 2010, the Department of Labor (DOL) finalized its regulations concerning the fee and investment-related disclosures that must be provided to participants in 401(k) plans and other defined contribution plans with participant-directed investments.

Features

Supreme Court 4-4 Split Decision Results in Affirmance on Limitation of First Sale Doctrine Image

Supreme Court 4-4 Split Decision Results in Affirmance on Limitation of First Sale Doctrine

Jess M. Collen & Tom Gulick

On Dec. 13, 2010, the U.S. Supreme Court affirmed a Ninth Circuit decision limiting the first sale doctrine to copyrighted works manufactured in the United States or sold with the copyright holder's authority.

Changing Aspects of Law Firm Partnerships Image

Changing Aspects of Law Firm Partnerships

Leslie D. Corwin

An in-depth look at changing demographics and mandatory retirement in law firms.

Did the Supreme Court Open the Door for Class Action Lawsuits? Image

Did the Supreme Court Open the Door for Class Action Lawsuits?

Chris Wadley & Justin Lessner

The Supreme Court's decision in <i>Shady Grove Orthopedics Associates, P.A. v. Allstate Insurance Company</i> is of vital importance for any litigator or claims professional who handles class action lawsuits in federal court. It also may have a significant impact on the economics of writing coverage that includes defense costs in industries that are typically subject to class actions.

Louisiana Attempts to Shift Its Losses Under the 'Road Home Program' to the Insurance Industry Image

Louisiana Attempts to Shift Its Losses Under the 'Road Home Program' to the Insurance Industry

Daniel Centner

Insurers around the country are keeping a close watch on the Katrina Canal Breaches Litigation currently pending in the U.S. Court of Appeals for the Fifth Circuit. In 2007, the state of Louisiana filed this putative class action against more than 200 insurers, claiming that they failed to adequately pay or adjust homeowners' claims following Hurricanes Katrina and Rita, thereby causing the state to administer more funds under the "Road Home Program" than initially contemplated.

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