CA's Flavor of Implied Warranty Leaves a Sour Taste
February 01, 2008
A recent decision from an appellate court in California offers footing for plaintiff attorneys to argue for an expanded definition of 'merchantability.' Such a development, which the Uniform Commercial Code neither compels nor suggests, marks a departure from settled law and presents a significant risk of higher warranty costs for manufacturers and higher prices for consumers.
Supreme Court to Confront FDA Pre-emption and the Consequences of 'Overwarning'
January 31, 2008
In 2008, the U.S. Supreme Court will likely decide a key question that has driven FDA pre-emption debates over the past decade: whether ' as plaintiffs' counsel maintain ' warning labels for FDA-approved drugs and medical devices provide only 'minimum standards,' or whether ' as the FDA insists ' they provide a balanced judgment of the FDA, setting both a floor and a ceiling on safety warnings.
What's Hot, What's Not
January 31, 2008
News about lawyers, law firms, and the latest trends in the partnership arena.
Creating Positive Visibility Within Your Organization
January 31, 2008
As you become more senior in an organization, the quality of your professional network becomes a more significant factor in determining success than your substantive skills. Consequently, your career game plan should include strategic avenues for creating positive visibility within your organization.
Sustaining the Ethical Law Firm
January 31, 2008
This article discusses the key issues in establishing and maintaining a culture of ethical behavior through governance, leadership, and strategic direction.
Responding to Claims Against Your Law Firm
January 31, 2008
No matter how good a loss prevention program your firm has in place, it is a sad but inevitable fact of life that you will have claims. Your goal as a firm manager, therefore, is not to reduce claims incidence to zero, but rather to have a sound program in place to identify and respond to claims in a manner that minimizes your losses. Here are some thoughts on how to do that from the perspective of a trial lawyer who has spent much of the past 30 years defending law firms against such claims.
