Law Firm Leadership: Accessing the Inner Entrepreneur
August 27, 2008
Founding and/or senior partners are the finders, and they hire minders and grinders to do the bulk of the work. Then the day comes when these hires are instructed to go out and get new clients. Suddenly, a population trained to "succeed" in one way has to learn to survive in a vastly different environment.
MLF 50 Deadline Extended
August 27, 2008
The deadline for submissions to the coveted MLF 50 ' The Top 50 Law Firms in Marketing and Communications ' has been extended to Monday, Sept. 29, 2008. Click <a href="http://www.lawjournalnewsletters.com/issues/ljn_marketing/22_3/news/150739-1.html">here</a> to see the submission criteria.
Case Notes
August 27, 2008
Highlights of the latest product liability cases from around the country.
Supreme Court Speaks Again on Punitive Damages
August 27, 2008
On June 25, the U.S. Supreme Court decided <i>Exxon Shipping Co. v. Baker</i>, a ruling likely to fortify the view that an award of punitive damages should not exceed the amount of the compensatory award. To be sure, some will argue that there are, may be, or ought to be, exceptions; some will argue that the Court was only deciding federal common law in a maritime case and not the limits of state common law; and some may say there is still support for accepting punitive awards that exceed a 1:1 ratio.
The Impact of New Vehicle Technology
August 27, 2008
Part One of this article discussed the types of vehicle-related accidents to which children fall prey and described some ways technology has developed to avoid such accidents. The conclusion addresses the role of parents and caregivers in vehicle-related accidents and the new type of litigation spawned by new technology.
Uncertainties of Federal Disclosure Requirements for Employee Experts
August 27, 2008
Product liability litigation is waged through battles of the experts. Hotly contested disputes over expert testimony arise early and often, from discovery through trial and even appeal. Disputes intensify when parties use their own employees as experts because the law governing employee expert disclosure remains undeveloped.
Employers Must Bolster Their Policies Against Retaliation
August 27, 2008
Last month, the author said that heightened awareness is necessary after the Supreme Court ruling in <i>CBOCS West, Inc. v. Humphries</i> increased the stakes. The discussion concludes herein with a look at the mechanics of an investigation.
Yogi and Casey and Due Diligence
August 27, 2008
Yogi Berra and Casey Stengel remain icons in the lore of baseball. As attorneys, little did the authros realize that Yogi and Casey, in making their baseball remarks, were actually intending to guide us through the due diligence process that counsel deals with on a regular basis.
Be a Software Contract Hero
August 27, 2008
From the attorney's perspective, the RFP is a tool for collecting the information that becomes the heart and soul of the final contract and serves as a basis for the vendor's liability. This article spells out a "best-practices" RFP process, step by step.
LLC Interests May Constitute 'Securities'
August 27, 2008
Recently, the Second Circuit Court of Appeals, in affirming convictions for securities fraud and conspiracy to commit securities and mail fraud, ruled in <i>U.S. v. Leonard</i>, that interests in various limited liability companies ("LLCs") onstituted "securities" for purposes of the federal securities laws. The Leonard analysis is instructive of the process that a court will follow in considering the status of non-traditional securities, such as LLC interests, under the federal securities laws.
