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Features

Coming Soon to a Theater Near You

Nicholas J. Wittner

On May 20 of this year, the members of the American Law Institute (ALI) unanimously approved a project that was five years in the making ' "Principles of Aggregate Litigation." Although it encompasses all of the many forms of aggregated lawsuits, the Principles really focus on the most controversial one: The class action.

Features

Federal Rule of Evidence 502

Cynthia K. Courtney & Edgar B. Hatrick

This article summarizes the law of inadvertent waiver of privilege and the evolution of courts' approaches to this problem, describes the changes brought about by newly enacted Federal Rule of Evidence 502, and offers a roadmap for the product liability practitioner to keeping privileged documents out of the hands of one's adversary.

Optional Safety Equipment and the Savvy Purchaser

ALM Staff & Law Journal Newsletters

In a recent divided decision, New York's highest court may have changed some contours of product liability law as it affects cases involving optional equipment, knowledgeable purchasers and off-product warnings.

Features

Practice Tip: Trying the Design Defect Case

Lawrence Goldhirsch

A properly pleaded Complaint in a design defect case will permit the plaintiff to try his case on several different theories: negligence, strict liability and breach of warranty. Nevertheless, certain cases would be most efficiently tried only as a breach of warranty.

Features

Preemption Paradox

J. Christopher Allen, Jr.

The two recent Supreme Court decisions in <i>Riegel</i> and <i>Altria Group</i> are difficult to reconcile in fundamental ways, and, consequently, they did little to provide meaningful guidance to litigants and lower courts.

Getting Things Done (And Developing Law Firm Leaders) Through Project Teams

Eric Seeger

Developing a strategic plan is a wasted exercise if not followed by action plans ' and then action. This article explains how to do it.

Maximizing Law Firm Mergers in the Media

John Corey & Brian Kiefer

Grappling with an unprecedented recession, law firms are merging out of both necessity and opportunity, according to a recent client advisory from Hildebrandt and Citi Private Bank.

Features

Changes in Pricing Legal Services

Joel A. Rose

Compounded by the current recession, demands of clients and competition among law firms are causing fairly dramatic changes in the pricing of legal services, away from straight hourly billing.

Case Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest insurance cases from around the country.

Contingent Business Interruption Coverage

William P. Shelley, Lawrence Bowman, Kendall Hayden & Samantha Evans

CBI insurance is becoming a more prevalent component of property coverage as a result of converging economic and world events. Risk managers are increasingly becoming sensitive to the fact that world events such as terrorism or riots, regional incidents such as power blackouts or hurricanes, or local occurrences such as strikes, fires, floods, or explosions can have far-reaching effects on their company even if supply chain risk solutions, crisis management, or business contingency plans are in place.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most 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.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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