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Features

Whose Space? Discovery of Social Networking Web Sites Image

Whose Space? Discovery of Social Networking Web Sites

Ronald J. Levine & Susan L. Swatski-Lebson

This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site, and the admissibility of the information.

Features

Product Liability Suit Pre-empted by Federal Vaccine Act Image

Product Liability Suit Pre-empted by Federal Vaccine Act

Amaris Elliott-Engel

A Philadelphia judge recently ruled that a federal law governing the liability of pharmaceutical companies for drug vaccines pre-empts state tort claims of design defect and failure to warn in the product liability case of an 11-year-old boy who has autism.

Features

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

In-depth analysis of recent rulings.

Index Image

Index

ALM Staff & Law Journal Newsletters

Everything contained in this issue, in an easy-to-read format.

A Multidistrict Litigation Primer Image

A Multidistrict Litigation Primer

Kimberly H. Clancy

What do FEMA trailers, peanut butter, Viagra, pet food, tires, implantable defibrillators, Agent Orange and iPods have in common? A really weird dream? Maybe. Mass product liability litigation? Ding!

Features

Second Circuit Clarifies ADA Obligations Image

Second Circuit Clarifies ADA Obligations

By Stewart E. Sterk

What building modifications trigger an obligation to comply with the accessibility requirements of the Americans with Disabilities Act (ADA)? The Second Circuit addressed that question in <i>Roberts v. Royal Atlantic Corp.</i> and reached a number of important conclusions.

Features

Practice Tip: Foreign Statutes of Limitations Image

Practice Tip: Foreign Statutes of Limitations

Lawrence Goldhirsch & David Rosenband

When you file a suit on behalf of an out-of-state plaintiff, the state in which you file may have a borrowing statute. This type of statute usually prevents forum shopping by requiring the out-of-state plaintiff to file his case in the forum state within the statute of limitations permitted by his home state. Following is an analysis of this situation.

Features

Wyeth v. Levine Image

Wyeth v. Levine

Christopher Thomas, Kevin Saunders & Timothy Broshears

One of the great dramas playing in the theater of American jurisprudence is the epic struggle that roils pharmaceutical labeling. Simply put, the labeling issue confronting the Supreme Court this term is: Who decides the adequacy of drug labeling ' the FDA or a jury of plaintiff's peers?

Features

Ethical Issues of the 21st Century Image

Ethical Issues of the 21st Century

Frederick L. Whitmer & Benjamin D. Goldberg

In Part One of this article, the authors covered ethical issues relating to e-mail. In Part Two below, they discuss ethical issues related to e-discovery and social networking and blogs.

Leadership Development Programs Image

Leadership Development Programs

Michele Bendekovic & Diane Costigan

Leadership competencies are critical for lawyers on many fronts. While leadership is not taught in law school, many firms have begun to implement formal leadership development programs. Here's how to do it.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (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.
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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