Features
Do <b><I>Daubert</I></b> Motions Really Work?
<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.
Features
<b><i>Legal Tech</b></i><br> Taking e-Discovery to the Cloud Is the Smart Security Solution
The cloud might seem like “someone else's servers,” but major vendors are sensitive to the business need for security, availability and confidentiality. With sensitive, high-value data like that, cloud providers are keenly aware they need to get security right.
Features
Manufacturers vs. Exclusive Distributors: Who Owns the Trademarks?
The Third Circuit has adopted McCarthy's "ownership" test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties.
Features
The Business Intelligence to Competitive Intelligence Continuum
Where law firm leaders' "gut judgement" was once sufficient, running the business well now requires solid intelligence (yes, Big Law is a business). Decisions must balance the demands of clients with those of the partnership. Law firms are awash in data, but harnessing it to support sound decision-making is a major challenge.
Features
Will the <b><I>Tronox</I></b> Decision Help the New GM?
General Motors LLC — the New GM — is subject to a multitude of lawsuits stemming from its alleged wrongdoings and the alleged wrongdoings of its predecessor, General Motors Corp. — the Old GM. This article presents an in-depth analysis of the litigation.
Features
NY Divorce and UK Pension Rights
What happens when a New York matrimonial litigant's pension benefits are foreign, administered by a plan administrator outside the jurisdiction of a New York court? As the authors state, the importance of specialized and expert legal and tax advice cannot be underestimated.
Columns & Departments
Landlord & Tenant
Discuss of a case in which assignee wrongdoing might justify piercing the corporate veil.
Features
Litigation Risk Mitigation Through the Use of Third-Party Litigation Funding
Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. General counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.
Features
Home Insurance May Cover Jealous Husband's Attack on Third Party
A man returns home unexpectedly, finds his wife with another man, and shoots him. It's an unfortunate chain of events, but certainly not unheard of. What <I>is</I> unusual is how the case of a love triangle like this one could lead to an Eleventh Circuit decision about homeowners' insurance.
Columns & Departments
Verdicts
The Ninth Circuit has reinstated a medical malpractice claim involving a federal government-employed doctor because although the plaintiff did not exhaust the federal claims process before originally filing suit in state court, he dismissed his original claim, sought and was denied relief through the federal claims process, then attached the claim to the ongoing state court case.
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