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Institutional Deliberate Indifference Image

Institutional Deliberate Indifference

Janice G. Inman

<b><I>Proving Constitutional Violation</b></i><p>Part Two of a Two-Part Article</I></b><p>Conclusion of a discussion about <I>Glisson v. Indiana Dept. of Correction,</I> in which Alma Glisson, whose son Nicholas died while in prison, sued the correctional facility for employing the services of medical contractor Correctional Medical Services, Inc. (Corizon).

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Using Computer Forensics to Investigate Employee Data Theft Image

Using Computer Forensics to Investigate Employee Data Theft

Timothy M. Opsitnick, Joseph M. Anguilano & Trevor B. Tucker

Departing employees have a sense of ownership over the data that they copy. Intellectual property commonly stolen includes customer lists, secret formulas, source code, strategy documents and other trade secrets. The information is often used against the organization when the former employee goes to work for a competitor or decides to start a new company.

Features

A Look at Right of Publicity Suit Over <i>Gears of War</i> Image

A Look at Right of Publicity Suit Over <i>Gears of War</i>

Christine E. Weller

Celebrities who are fiercely protective of their image and branding fight back, bringing an increasing number of lawsuits when it appears that a video game creator has borrowed without permission. These right of publicity cases highlight the tension that exists between the rights of public figures to control the way their image and likeness is used in commercial contexts and the First Amendment.

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The Challenge of Complying with China's New Cybersecurity Law Image

The Challenge of Complying with China's New Cybersecurity Law

Dan Whitaker

In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. The law is set to go into effect June 1, 2017. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.

Features

The Challenge of Complying with China's New Cybersecurity Law Image

The Challenge of Complying with China's New Cybersecurity Law

Dan Whitaker

In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. The law is set to go into effect June 1, 2017. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.

Features

Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims Image

Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims

Michael L. Cook

<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>Daubert</i></b> Motions Really Do Work Image

<b><i>Daubert</i></b> Motions Really Do Work

John L. Tate

<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.

Features

Beware: Inspecting Goods May Waive Implied Warranty Protections Image

Beware: Inspecting Goods May Waive Implied Warranty Protections

Louis DePaul & Allison Ebeck

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.

Features

Looking to Expand Into Mass Torts? Image

Looking to Expand Into Mass Torts?

Matthew Doebler

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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When Actions Speak Louder Than Words Image

When Actions Speak Louder Than Words

Kelly M. Gorman

<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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