How Widespread Is Unethical Billing?
September 28, 2007
Aside from a few sensational disbarments and criminal prosecutions for overbilling, most evidence of billing irregularities is anecdotal. In order to provide a more precise assessment of the scope of the abuse of time-based billing by attorneys, I conducted nationwide surveys of outside counsel in 1991, 1995, and 2007. The large majority of respondents to all three surveys ' 82% in the most recent survey ' indicated that time-based billing was their dominant method of billing.
Products As Witnesses
September 28, 2007
Because of the importance of the 'crown jewels,' litigants should be assiduous in trying to locate and preserve the accident-involved product and in trying to assure the integrity of its custody and condition from the time of the accident. Indeed, a failure to do so can result in spoliation-of-evidence sanctions.
Movers & Shakers
September 28, 2007
News about lawyers and law firms in the product liability field.
Case Notes
September 28, 2007
Highlights of the latest commercial leasing cases from around the country.
Forum Non Conveniens
September 28, 2007
On July 31, 2007, the Appellate Division of the New Jersey Superior Court affirmed the forum non conveniens dismissal of pharmaceutical product liability claims filed by 95 UK plaintiffs in In re Vioxx Litigation, Docket No. A-1731-06T1. The case involved allegations asserting personal injury claims allegedly caused by defendant Merck & Co., Inc.'s anti-inflammatory medicine, Vioxx'. This is a noteworthy forum non conveniens decision that could well have ramifications outside of New Jersey, particularly in other mass tort situations.
Building a Fire Wall
September 28, 2007
Part One of this series discussed the misuse of the public nuisance doctrine in product liability litigation. The conclusion addresses the rejection of these claims by courts in Missouri and New Jersey.
Off-Label Promotion and Product Liability Considerations
September 28, 2007
It is well documented that government bodies are scrutinizing companies' promotional efforts, particularly marketing of products for unapproved uses, commonly referred to as 'off-label promotion.' Of course, it is important for any company to consider the regulatory implications of disseminating off-label information. However, it is shortsighted for companies not to consider potential product liability implications of off-label promotion.
Business Opportunity Alternatives
September 28, 2007
Part One of this series discussed the following forms of the business opportunity model of patent monetization: 1) outright sale of the patent; 2) exclusive field-of-use licenses; and 3) nonexclusive licenses and transfer of know-how. This month's installment addresses corporate transactions and various investment and financing vehicles.
<i>In Re Seagate, LLC</i>
September 28, 2007
Tension concerning the duty-of-care standard has continually mounted as courts have wrestled with the scope of the waiver of the attorney-client and work-product privileges when litigants asserted an advice-of-counsel defense. More recently, several district courts extended the waiver to trial counsel, further presenting considerable obstacles when defending a claim of willful infringement. It is in this environment that the Federal Circuit decided, sua sponte, that it should reconsider the duty-of-care standard and the waiver issues associated with the advice-of-counsel defense.
