Federal Rule of Evidence 502
July 29, 2009
This article summarizes the law of inadvertent waiver of privilege and the evolution of courts' approaches to this problem, describes the changes brought about by newly enacted Federal Rule of Evidence 502, and offers a roadmap for the product liability practitioner to keeping privileged documents out of the hands of one's adversary.
Optional Safety Equipment and the Savvy Purchaser
July 29, 2009
In a recent divided decision, New York's highest court may have changed some contours of product liability law as it affects cases involving optional equipment, knowledgeable purchasers and off-product warnings.
Practice Tip: Trying the Design Defect Case
July 29, 2009
A properly pleaded Complaint in a design defect case will permit the plaintiff to try his case on several different theories: negligence, strict liability and breach of warranty. Nevertheless, certain cases would be most efficiently tried only as a breach of warranty.
Preemption Paradox
July 29, 2009
The two recent Supreme Court decisions in <i>Riegel</i> and <i>Altria Group</i> are difficult to reconcile in fundamental ways, and, consequently, they did little to provide meaningful guidance to litigants and lower courts.
Maximizing Law Firm Mergers in the Media
July 29, 2009
Grappling with an unprecedented recession, law firms are merging out of both necessity and opportunity, according to a recent client advisory from Hildebrandt and Citi Private Bank.
Changes in Pricing Legal Services
July 29, 2009
Compounded by the current recession, demands of clients and competition among law firms are causing fairly dramatic changes in the pricing of legal services, away from straight hourly billing.
Case Briefs
July 29, 2009
Highlights of the latest insurance cases from around the country.
Contingent Business Interruption Coverage
July 29, 2009
CBI insurance is becoming a more prevalent component of property coverage as a result of converging economic and world events. Risk managers are increasingly becoming sensitive to the fact that world events such as terrorism or riots, regional incidents such as power blackouts or hurricanes, or local occurrences such as strikes, fires, floods, or explosions can have far-reaching effects on their company even if supply chain risk solutions, crisis management, or business contingency plans are in place.