Discovering the Illegible
At one time or another, most attorneys handling litigated custody disputes have obtained evaluators' notes, only to find them to be undecipherable. It is the author's position that when this occurs, evaluators bear the responsibility for having their notes transcribed at their own expense.
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NY Tax Law May Have Far-Reaching Effects
Franchisors and franchisees will be heading into uncharted territory in New York state when a new law takes effect in December 2009 requiring that every franchisor must provide the Department of Taxation and Finance with contact information and extensive sales and tax data about each franchisee that is operating in the state.
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Case Notes
Recent rulings of interest to you and your practice.
Appeals Court Upholds Lopsided Award Against Ford Motor Co.
In July, an appeals court upheld a product liability verdict against Ford Motor Co. for $8 million in compensatory damages and $42,050 in punitive damages.
Practice Tip: A Primer on Preserving Statute of Repose Defenses
From the first year of law school, attorneys know that one of the first things they must determine when responding to a complaint is whether the claims are time-barred, either by an applicable statute of limitation, or statute of repose.
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Proactive Preparation of Defense of Post-Recall Litigation
After a pharmaceutical or medical device manufacturer initiates a recall, its duties pursuant to FDA laws and guidelines do not end there. The FDA has set out certain responsibilities and steps that a manufacturer must or should follow after initiating a recall. Pharmaceutical and medical device manufacturers, however, can effectively combine their post-recall duties and responsibilities with a proactive preparation of a defense of potential litigation.
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The Call No Attorney Wants to Make
When should an attorney confess his mistakes to those he fights for? The answer is not always easy, and a lawyer's inclination to admit wrongdoings might depend on how he perceives a client.
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Invest in Next Gen X Leaders Now!
It certainly seems like investing in next generation leaders, to engage them in making them the best they can be, needs to be a high and urgent priority for any law firm that intends to survive and thrive now and in "the new normal." Here's how.
Mentoring Tomorrow's Law Firm Leaders
In today's tepid economy, maintaining client services is sometimes off balance with the skillful practice of law or the recruitment of new talent; the defining dynamic frequently falls on the shoulders of firm leadership. These fundamental concepts needn't be compartmentalized. This delicate balance deserves a dialog with all firm members and firm clients.
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- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
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