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July 29, 2009

Recent rulings of interest to you and your practice.

July 29, 2009

On May 20 of this year, the members of the American Law Institute (ALI) unanimously approved a project that was five years in the making ' "Principles of Aggregate Litigation." Although it encompasses all of the many forms of aggregated lawsuits, the Principles really focus on the most controversial one: The class action.

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.

Getting Things Done (And Developing Law Firm Leaders) Through Project Teams

July 29, 2009

Developing a strategic plan is a wasted exercise if not followed by action plans ' and then action. This article explains how to do it.

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.

MOST POPULAR STORIES

The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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MOST POPULAR STORIES