Features
For Women in Law, 'Business Development Is Key'
A recent survey of women in law firms found that ' unsurprisingly ' women are concentrated at the lower levels of law firms. That wasn't news to Elizabeth Anne "Betiayn" Tursi, who three years ago helped to found the Women In Law Empowerment Forum (WILEF), a lecture series that focuses on helping women become firm leaders.
Features
Two Federal Courts Reject Medical Monitoring Class Actions
Recently, two federal courts rejected certification in three putative "medical monitoring" class actions that were brought against E.I. DuPont de Nemours and Company in West Virginia and New Jersey. These are significant rulings in the still developing field of "medical monitoring," and indicate the limits of class certification based on medical monitoring theories of recovery
Features
Proposed Amendments to Federal Rules Would Limit Expert Witness Disclosures
Rule 26 of the Federal Rules of Civil Procedure incentivizes a party's attorney to get creative in his efforts to prevent disclosure of his communications with the party's expert ... The results of the rule have been costly and often lead to the discovery of information that is only marginally relevant to any genuine issue in dispute.
NJ Judge Won't Certify Class Action By Vioxx Users
In March, an Atlantic County, NJ, judge denied a request to certify a class action against Merck & Co. on behalf of consumers for their out-of-pocket expenses for the painkiller Vioxx, which was withdrawn from the market in 2004 after a medical study linked it to heart disease.
Practice Tip: Reducing Product Liability Litigation Costs
This article poses ten questions in-house corporate counsel should ask themselves when they are preparing to defend a case and are in the process of retaining outside counsel.
Recalls of Foreign-Made Products Lead to Increased Scrutiny at Home
The increased regulation of safety standards, testing, certifications of compliance, and advertising will likely result in a significant increase in the number of foreign product recalls. This, in turn, will yield increased litigation in the future. Here's why.
Ex-Heller Employees Sue Former Partners
Former employees of Heller Ehrman sued at least 179 former partners in April, demanding they fork over $32 million for the largest group of creditors in the defunct firm's bankruptcy.
Features
Partial Plan Terminations
Management teams should be aware that reductions in workforce ("RIFs"), while seemingly cost-cutting in nature, can actually yield the opposite result, and can cause unintended and costly consequences with respect to a firm's tax-qualified employee benefit plan.
Advance Conflict Waivers
An advance conflict waiver is an agreement, given by your client, to a potential future representation by your law firm that would otherwise be precluded because of a conflict of interest. Law firms increasingly include such waivers in their standard form engagement letters. Here's what you need to know.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›