Part One of a Two-Part Article
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.
Part Two of a Three-Part Article
The starting point for any successful challenge under Federal Rules of Evidence (FRE) 702 and Daubert 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.
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.
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.
Written Agreements Are Not the Final Word
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.
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.
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.
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.
Smart Strategies
In today's challenging, competitive business environment, finding qualified outside counsel with the right fee structures is a top priority for corporate counsel. This article presents some practical guidance to help corporate counsel achieve this goal.
How to Close the 'Knowing-Doing Gap'
While many lawyers have well-honed analytical capabilities, these capabilities are most frequently used to interpret law — e.g., how a particular fact fits into the context of a precedent, statute or contract term — rather than to drive a business forward. Here are five tips to help solve the problem.
