The Fiduciary's Default Investment Choice
March 29, 2012
Several high-profile class action lawsuits are now winding their way through the federal courts alleging high costs, sustained underperformance, and failure to properly disclose and account for revenue sharing and other "under the table" payments in pension and 401(k) plans. The fiduciaries have only themselves to blame. These issues should never have been on the table.
Intellectual Property Coverage Under CGL Policies
March 29, 2012
This article discusses the applicability of standard CGL policies to the most common types of intellectual property claims, namely, patent, trademark, trade dress, and copyright infringement.
American Natural Gas
March 28, 2012
To critics, natural gas may be associated with potential environmental hazards, which has predictably spawned a growing trend of litigation and regulatory scrutiny around the country.
Leveling the Playing Field
March 28, 2012
The age of ESI changed everything in terms of how quickly and easily documents are created and then stored. As a consequence, every corporate defendant in a product liability case today can expect to spend thousands if not hundreds of thousands of dollars producing documents in discovery.
New Approaches for Defensible Early Case Assessment and Data Culling
February 28, 2012
Early case assessment (ECA), data culling and e-discovery costs are some of the most widely discussed topics in the legal industry. Yet, the methodologies of how to implement effective ECA and data culling, what's entailed and when implementation should begin, are extremely inconsistent. Plain and simple, ECA is a dynamic process. If utilized correctly, ECA can help legal teams understand their case and dramatically reduce litigation costs.
Limits of CDA Immunity For Claims Based on User-Generated Content
February 28, 2012
This article concentrates on the scope of CDA immunity advertisers and entertainment companies that operate UGC campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.
Online Search and the Law
February 28, 2012
Although U2's Bono praised the virtues of a constant search for the object of his desire in song, anyone looking online for needed business information certainly won't find that quest quite as romantic, or enjoy spending time and money for the privilege.
Amended FRCP 26
February 28, 2012
Habitually filing <i>Daubert</i> motions for every opposing expert is not smart trial practice. Here's why.
