In litigating failure-to-warn claims, the focus often is on duty (whether the manufacturer should have included a warning) and adequacy issues. In most cases, there is little attention paid to proof that the lack of a warning, or an inadequate warning, caused the accident. This article focuses on strategies for proving and defending the causation element of failure-to-warn.
Plaintiffs suing Facebook over its alleged practice of scanning direct messages are invoking a recent ruling from U.S. District Judge Lucy Koh clearing the way for a similar case against Yahoo Inc.
This two-part article describes recent developments with respect to unfinished business claims, discusses the implications that those cases may have on law firm partnerships, and provides some suggestions as to what law firms may do to avoid unfinished business claim litigation.
Obstruction of justice is seeing increased use, and could prove to be a powerful tool in the federal prosecutor's toolbox. Reflective of its growing attention, as discussed further below, it is the subject of a pending U.S. Supreme Court case that will examine just how broadly this statute may reach.
In the first half of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (SSNs). What the affected businesses may not know is that the mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.
Recently, the New Jersey Supreme Court addressed the question of the role of a state insurance guaranty fund within a pro rata allocation scheme. The court's opinion has called into question New Jersey's approach to allocation more generally.
Lawyers must understand the process by which they deliver a legal solution. That means they understand every task in the process and who should be performing those tasks, whether it is a partner, an associate, a paralegal, or another professional.
Client questions about litigation management are always the same: How likely are we to win? How long will it take? How much will it cost? The answers vary from case to case, but metrics exist to answer the questions and to enhance litigation management.
When technology changes the nature of what has been thought of as private, should the response be to continue to recognize that privacy, or to rethink what is private?
Since the active use of the term risk management, perhaps sometime in the 1980s, I have thought of the confluence of risk and management as an oxymoron.
