Gay Marriage: A Changing Legal Landscape
May 26, 2009
The state of legal affairs for gay, lesbian, bisexual and transgendered (GLBT) issues across the county provides for a rapidly changing legal landscape. Getting personal and political about same-sex marriage is now becoming a recurrent experience ' all well-timed in light of the pending arguments and recent decisions coming from courts and legislatures across the states.
Perplexing Problems Under the Uniform Transfers to Minors Act
May 26, 2009
The Uniform Transfers to Minors Act, like its predecessor, The Uniform Gifts to Minors Act, is a comprehensive statutory scheme designed to allow money and property to be transferred to children easily. However, disputes have crept into family law and related proceedings. Becoming familiar with the UTMA will help you avoid problems in settling or trying cases that involve custodial assets.
Case Notes
May 26, 2009
Recent rulings of interest.
Twombly's Plausibility Standard in Product Liability Cases
May 26, 2009
The <i>Twombly</i> decision significantly changed the accepted standard for a motion to dismiss from "no set of facts" to enough "plausible" facts. Now, to survive a motion to dismiss for failure to state a claim, a complaint must allege "enough facts to state a claim to relief that is plausible on its face."
Defending Automobile Manufacturers in Design Defect Cases
May 26, 2009
Counsel defending manufacturers who are alleged to have designed defective vehicles that have caused serious traffic accidents often have an uphill battle in convincing jurors that the design of their client's vehicle was not wholly responsible. But it's not all bad news.
Can Failure-to-Warn Claims Against Generic Drug Manufacturers Be Preempted?
May 26, 2009
The tension between the salutary purposes of the Hatch-Waxman Act (low-cost drugs widely and quickly available to patients) and the necessity to change label warnings when science or adverse event reports show a newly appreciated risk, presents a Hobson's choice to generic drug companies, complicated by the FDA's own interpretation of its CBE regulations as inapplicable to them.
Capturing the Current Mood
May 26, 2009
Implicit in all the stories about layoffs or hourly versus value billing, the fundamental question is whether the severity of the economic downturn will permanently change what law firms look like and how they operate. Can they ever again support the notorious salary structures and leverage strategies of the past?
Business Plans: A New Reality
May 26, 2009
Now that the legal industry is reeling from losses, layoffs and downsizings, lateral hires are being run through an even more stringent gauntlet. Many firms now want to see business plans from all lateral partner candidates.