Features
CA's Flavor of Implied Warranty Leaves a Sour Taste
A recent decision from an appellate court in California offers footing for plaintiff attorneys to argue for an expanded definition of 'merchantability.' Such a development, which the Uniform Commercial Code neither compels nor suggests, marks a departure from settled law and presents a significant risk of higher warranty costs for manufacturers and higher prices for consumers.
Features
Lessons from Food Litigation: Managing the Interaction of Litigation, Legislation, and Regulation
A new generation of food-related litigation, and class action litigation in particular, has been launched.
Practice Tip: Determining Damages to Entrepreneurs
This article explores some common problems encountered in determining damages to entrepreneurs.
Features
Supreme Court to Confront FDA Pre-emption and the Consequences of 'Overwarning'
In 2008, the U.S. Supreme Court will likely decide a key question that has driven FDA pre-emption debates over the past decade: whether ' as plaintiffs' counsel maintain ' warning labels for FDA-approved drugs and medical devices provide only 'minimum standards,' or whether ' as the FDA insists ' they provide a balanced judgment of the FDA, setting both a floor and a ceiling on safety warnings.
Features
What's Hot, What's Not
News about lawyers, law firms, and the latest trends in the partnership arena.
Generational Differences: Not the Only Issue
How have we become so focused on whom we hire, promote, and retain, and in the process, lost sight of the needs of the clients we serve or solicit?
Features
Creating Positive Visibility Within Your Organization
As you become more senior in an organization, the quality of your professional network becomes a more significant factor in determining success than your substantive skills. Consequently, your career game plan should include strategic avenues for creating positive visibility within your organization.
Features
Sustaining the Ethical Law Firm
This article discusses the key issues in establishing and maintaining a culture of ethical behavior through governance, leadership, and strategic direction.
Responding to Claims Against Your Law Firm
No matter how good a loss prevention program your firm has in place, it is a sad but inevitable fact of life that you will have claims. Your goal as a firm manager, therefore, is not to reduce claims incidence to zero, but rather to have a sound program in place to identify and respond to claims in a manner that minimizes your losses. Here are some thoughts on how to do that from the perspective of a trial lawyer who has spent much of the past 30 years defending law firms against such claims.
Selecting Experts in Patent Cases: A Few Simple Considerations
This article discusses several simple considerations that confront a litigant when selecting experts in a typical patent case.
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