The Coming Age of Nanotorts
February 20, 2009
Within a few short decades, nanotechnology has shown the potential to deliver revolutionary advances ' amazing, economy-disrupting, life-changing advances ' in almost every facet of our lives. Yet few lawyers understand what nanotechnology is and even fewer have a grasp of how the nanotechnology revolution is likely to influence tort litigation.
Technology Puts a Dream House on Hold
February 20, 2009
A look at <i>A.E., Inc. v. Goodyear Tire and Rubber Co., Inc.</i>, No. 05-CV-01317 (D. Colo. 2007), in which visual technology paid a major part in the trail.
Consumer Product Industry, Take Note
February 20, 2009
A new federal whistleblower law will likely result in consumer product manufacturers, distributors and retailers facing expensive and lengthy litigation from current or former employees who recast themselves as whistleblowers to challenge adverse employment actions. There are a number of steps employers should take to protect themselves from this expected wave of new litigation.
Practice Tip: Changing Standards in Safety
February 20, 2009
While safety standards have existed for years for warning labels, safety signs and hang tags, no standard existed that provided guidance for manufacturers in drafting safety information in manuals or other collateral materials. Now ANSI Z535.6 has been approved, which will create consistency in longer product materials and, if followed, assist in the defense of product liability failure-to-warn claims.
How to Safeguard Employee Data
February 19, 2009
Employers should be aware of the rapid growth of data privacy and security laws, which may affect their methods of conducting business and handling personal employee information. The new laws carry with them a private right of action in some cases, civil penalties as much as $500,000 and in some states, administrative investigations.
Legal Economics
February 19, 2009
The upward spiral of legal costs, including the demands of Electronic Database Discovery (EDD) and the impact on early case assessment, puts pressure on departmental legal budgets. Artificial floors created by budgets derived from prior-year expenditures will give way to application of traditional return on investment (ROI) analysis to set appropriate cost levels.
Delaware Bankruptcy Court Denies Multi-Party Setoff
February 19, 2009
<i>In re SemCrude, L.P.</i> is a departure from the long-standing assumption that a multi-party netting agreement among affiliates would be upheld in bankruptcy if enforceable under applicable non-bankruptcy law. This article provides an analysis of the decision, the procedural status and its potential impact, and recommendations for minimizing the potential negative implications.
Case Briefs
January 30, 2009
Highlights of the latest insurance cases from around the country.
Spoiled Rotten: Courts Are Split on Coverage for Contaminated Foods and Products
January 30, 2009
In a series of recent cases addressing coverage for contaminated foods and similar losses, jurisdictions have split on the availability of insurance. Courts excluding coverage have relied on language traditionally used to exclude business and product-related losses, including the "your product" and "impaired property" exclusions. Other courts have rejected the application of these exclusions if it is unclear that the damage was to the insured's product and if the cause of the damage is not inherent in the product itself.
