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.
Court Restores $28 Million Punitives Award in HRT Case
February 28, 2012
The Pennsylvania Superior Court has restored the $28 million in punitive damages a Philadelphia jury awarded to an Illinois plaintiff who said drugmakers Wyeth and Pharmacia & Upjohn Inc. failed to warn her doctor of the risks of breast cancer from using hormonal drugs. The trial judge had reduced the punitive damages award to $1 million.
Lies, Damned Lies, and Addictions
February 28, 2012
As explained in the introduction last month, this article explores the role of addiction in product liability litigation. Part Two herein explains the medical model of addiction, and addiction in the courtroom.
Golan v. Holder: A Catalyst for Orphan Works Legislation?
February 28, 2012
On Jan. 18, 2012, the U.S. Supreme Court issued a 6-to-2 decision in <i>Golan v. Holder</i>, ruling that the Uruguay Round Agreements Act of 1994 — which restores U.S. copyright protection for certain foreign works formerly in the public domain — fits within Congress' constitutional authority to "adjust copyright law to protect categories of works once outside the law's compass." <i>Golan</i>, like <i>Eldred v. Ashcroft</i> before it, solidifies the constitutional authority of Congress under the Copyright Clause to control the terms and duration of U.S. copyright protection.
Social Media: The Legal Implications on Franchise Systems
February 28, 2012
Since most consumers today expect social media to be part of the online presence of the retailers and businesses that they frequent, franchisors have to figure out how it fits into their and their franchisees' businesses, and franchise lawyers have to figure out the legal implications of their clients' choices and actions.
Vicarious Liability
February 27, 2012
When is a franchisor's control over a franchisee so great that the franchisor risks being held vicariously liable for the actions of its franchisees?
