The Challenge of e-Discovery Search
October 28, 2009
To many, the mention of search in the context of finding electronic records in response to litigation conjures up thoughts of legal research or searching the Web. True, you would not look for responsive documents in those places, but it is tempting to use the same search techniques for locating electronic evidence. Actually, constructing searches for finding electronic evidence is a lot harder. Many factors contribute to the complexity of e-discovery search.
Understanding the Doctrine of Informed Consent
October 27, 2009
It is important that we help our clients to understand the duties they owe their patients. One such duty, the parameters of which continue to evolve and become more refined ' is the duty to facilitate the patient's informed consent.
Case Notes
October 26, 2009
Recent rulings of interest to you and your practice.
Plug Pulled on Live Video Testimony
October 26, 2009
Some important factors seem to be impeding a rush toward televised trials. A split decision by a New York appellate court, in the criminal case of <i>People v. Wrotten</i>, amply reflects some of the tensions. While <i>Wrotten</i> is a criminal case, the ramifications of the decision extend to civil litigation and potentially product liability cases. This two-part article will examine those ramifications.
Significant Class Action Win for the Pharmaceutical Industry in Quebec
October 26, 2009
On Aug. 17, 2009, in <i>Goyette v GlaxoSmithKline, Inc.</i>, Justice the court ruled in favor of the respondent GlaxoSmithKline Inc (GSK), dismissing a motion for authorization to institute a class action made by the petitioner on behalf of all persons residing in Canada who allegedly experienced dependency and withdrawal problems as a result of using the antidepressant Paxil.
Linking Autism Injuries to Childhood Vaccines
October 26, 2009
Does the Vaccine Act preempt all design defect claims in state and federal court? Parents convinced that their children's autism has been caused by inoculations, and their attorneys, recently achieved a surprising victory on the issue when the Georgia Supreme Court ruled that a plaintiff's design defect claims are not barred by the Vaccine Act's preemption clause.
Children's Products
October 26, 2009
A manufacturer cannot assume that just because its product is in compliance with the CPSIA, the product is also in compliance with California's statutes, or vice versa. Ultimately, only a product-specific analysis can determine whether a product that complies with the CPSIA is also compliant with California's AB 1108 and Proposition 65.
Corporate Internal Investigations
October 26, 2009
While companies conduct internal investigations for many reasons, the results of these investigations are often shared with the government. But the disclosure required by that cooperation leaves open the real possibility that the attorney-client privilege and the work product doctrine may be waived.
Attorney Work Product at Risk
October 26, 2009
A new federal appeals court decision promises to give significant pause to corporate counsel, particularly in-house tax attorneys. To their dismay, the First Circuit has ruled that no amount of anticipation of litigation, nor the intimate involvement of legal counsel, can ever immunize so-called "tax accrual workpapers" from discovery by the IRS.
