Features
Reevaluating the Insurability of Punitive Damages Awards
Too often, policyholders and their counsel accept on faith that their insurance does not cover punitive damages as a matter of public policy. In many jurisdictions, however, there is coverage for all punitive damages, while others allow coverage of punitive damages under certain circumstances.
Features
Evidence-Based Medicine in Medical Malpractice Litigation
The evolution of evidence-based medicine should cast doubt upon advocacy that masquerades as science, and put courts in the position of deciding when science should prevail.
Five Steps to Building Your Medical Malpractice Risk 'Crash Cart'
Sometimes, despite best-laid treatment plans, unforeseen and unforeseeable medical complications still arise. Then you need a "crash cart.
Columns & Departments
Movers & Shakers
Who's doing what; who's going where.
Columns & Departments
BIT PARTS
'Actual Notice' Issue Up Next in Victor Willis Termination Rights Litigation<br>Alleged Access Scenarios No Help to Plaintiff in Suit over Tim McGraw Hit<br>California's Retroactive Right of Publicity Doesn't Violate Due Process<br>Copyright Attorney Fees Assessed Against Ed Sullivan Show Owner
Features
Navigating the Rule 26 Expert Disclosure Rules
Even a qualified expert with an opinion based on reliable methodology may never reach the jury if counsel fails to be mindful of the highly technical expert disclosure requirements that the federal rules require and courts enforce with little empathy. .
Columns & Departments
COUNSEL CONCERNSDC Comics Denied Sanctions in Superman Copyright Dispute
The U.S. District Court for the Central District of California, although 'deeply troubled' by his behavior, refused to sanction prominent entertainment attorney Marc Toberoff for alleged discovery violations during his lengthy court battle over the rights to Superman.
Columns & Departments
ROYALTY ROUNDUP Loan-Out Companies; Limitations Defense
The 2010 ruling by the U.S. Court of Appeals for the Ninth Circuit that artists can be entitled, under their pre-existing recording agreements, to half of record-label income from digital sales has triggered claims involving thousands of artists.Following are three recent developments in this litigation area.
Features
The Scope of Indemnification in DIP Financing Agreements
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and examines the effect of pre-petition indemnifications on the bankruptcy estate.
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MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›