Arbitrate? Litigate? Avoid Both Through Mediation
While some people are disappointed by mediations that do not magically produce settlements, more often than not, they do produce resolutions that are preferable for both franchisee and franchisor (though maybe not for their lawyers) than results obtained in either litigation or arbitration.
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Case Briefs
Highlights of the latest insurance cases from around the country.
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Bad Faith Allegations Versus an Insurer's Attorney-Client Privilege
This article addresses conflicting court decisions on the extent to which an insured's allegations of insurer bad faith eviscerate the insurer's attorney-client privilege.
Insurers' Response to Nanotech Suits
The vacuum of information concerning risks posed by nanotechnology and nanomaterials makes risk management planning difficult, if not impossible. This article addresses that gap and explores the insurance implications of the likely "first wave" of lawsuits — suits arising out of exposure to nanomaterials in the absence of evidence of actual physical injury or harm.
<b>BREAKING NEWS:</b>Supreme Court Hears Opening Arguments in CA Video Game Case
Torturing, maiming, decapitating and urinating on human beings are rare topics in U.S. Supreme Court arguments. But the justices on Nov. 2 heard all of them as they entered the world of video gaming in a First Amendment challenge to a California law.
Practice Tip: Medicare Secondary Payer Reporting Requirements Complicate Settlement
This article explores some of the practical impacts of the MMSEA on settlement of product liability cases. It does not address the reimbursement process vis-'-vis judgments or claims involving ongoing or future medical treatment, although some of the same principles and procedures apply.
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The Forum Non Conveniens Decision
This two-part article addresses the strategic question of whether defendants sued by foreign plaintiffs for alleged foreign misconduct should pursue <i>forum non conveniens</i> dismissals.
Real Property Law
Recent rulings of interest to you and your practice.
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- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›