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<b><I>Part One of a Two-Part Article</I></b><p>The issue of what constitutes a good-faith defense to a fraudulent transfer claim is a murky question that has produced a wide variety of reported decisions from appellate courts over the years. But a recent Sixth Circuit opinion sheds some clear light on a complicated fact pattern.

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<b><I>Part Two of a Three-Part Article</I></b><p>The starting point for any successful challenge under Federal Rules of Evidence (FRE) 702 and <I>Daubert</I> is the form and content of the witness's disclosure under Federal Rules of Civil Procedure (FRCP) 26(a)(2). Here is all you have to know.

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When purchasing goods though an invoice, contract or otherwise, it is important to understand that a mere inspection of goods prior to purchase could waive implied warranty protections. A seller may effectively modify, or entirely exclude, implied warranties under the Uniform Commercial Code (UCC) by requiring a buyer to inspect, test or examine goods prior to purchase.

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Mass torts are a strong way for trial lawyers to check Big Pharma's unfettered safety violations. However, it is not a practice area without dangers; and like so many other dangers, they are often hidden.

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<b><I>Written Agreements Are Not the Final Word</I></b><p>Recently, an Ohio appellate court held that the parties' actual conduct — and not the express written provisions in their lease to the contrary — controlled in interpreting the intentions of the parties in contracting. This case serves as a good reminder for legal practitioners that our written agreements are often not the final word.

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An enlarged print of an Instagram post containing a copyrighted photo counts as a transformative use, an attorney for "appropriation artist" Richard Prince — whose use of other artists' material in his own works has made him no stranger to the courts — argued before a New York federal judge in April.

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The consumer agency has taken the view that advertisement — without proper disclosures — can mislead consumers. The agency has previously put the burden of ensuring proper disclosure on the brands. On April 19, the FTC turned its attention downstream to the "influencers" themselves.

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Corporations consider many different factors when deciding whether to hire a law firm. Security wasn't usually a major factor, and law firms used to fly under the radar when it came to questions about keeping client data secure. That has all changed.