Leveraging the Seventh Circuit e-Discovery Principles to Contain Litigation Costs
February 28, 2012
ESI discovery disputes have become protracted for one common reason: The parties do not sufficiently prepare for ESI discovery. Corporations have had to become more strategic about how they handle litigation, especially during the discovery phase, in order to manage this increasing expense. Properly employing the Seventh Circuit Electronic Discovery Principles, even if you're not in that jurisdiction, is one strategy that will help contain litigation costs.
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.
IP News
February 28, 2012
Highlights of the latest intellectual property news from around the country.
In re Construction Equipment
February 28, 2012
If the Federal Circuit affirms a lower court verdict holding a patent not invalid over a prior art reference, may the losing party ask the Patent Office to invalidate that patent via re-examination over the same prior art reference? In the case of <i>In re Construction Equipment</i>, the Federal Circuit answered yes, raising important issues bearing on the scope of the re-examination statute, the finality of judgments, and the relationship between the Patent Office and the federal judiciary under the separation of powers doctrine of the Constitution.
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.
Internet 2.0: Jurisdictional Risks in Today's Cyber World
February 28, 2012
With the explosion of the Internet in the last several decades, courts have struggled with whether tortious conduct on a website is expressly aimed at any, or all, of the forums in which the website can be viewed. Two recent Ninth Circuit cases expanded the reach of Internet jurisdiction and may carry significant implications.
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.
