The General Reference
February 28, 2008
There is a general distrust and downright loathing of referees in the sports world. In the legal industry, however, lawyers are learning that the referee can be a powerful ally in deterring litigation and resolving cases early and successfully. While the legal profession will always have its fair share of Bobby Knights and John McEnroes, the referee appears to be gaining the upper hand.
Practice Tip: Lessons from the 'Bumbo Baby Sitter' Recall
February 28, 2008
In the wake of a consumer product company's decision to offer revised warning labels for roughly one million of its baby seats, plaintiffs' lawyers have filed at least two new product liability lawsuits against the company and one of the seat's retailers, including a putative nationwide 'economic loss' class action. This 'recall' highlights significant risk management issues for consumer product manufacturers, including a possible 'disconnect' between written warnings and advertising that allegedly depicts improper usage of their products.
Avoiding the Adverse Effects of Causality Assessments
February 28, 2008
Unfortunately, adverse drug reaction reports collected and causality assessments made in the course of post-marketing surveillance have increasingly become fodder for plaintiffs' attorneys attempting to prove causation. Courts, however, properly have precluded plaintiffs from presenting post-marketing surveillance materials, most recently refusing to allow plaintiffs to introduce company causality assessments based on adverse drug reaction reports as evidence of causation and from using these reports and assessments as bases for expert opinions on causation.
IP News
February 28, 2008
Recent news of importance to you and your practice.
Attorney Telecommuting
February 27, 2008
Telecommuting is all the rage in many sectors of our economy. With increasing regularity, lawyers and their firms alike are participating in this trend. Modern technology is a wonderful thing, and telecommuting permits firms (law and other types) to spread their tentacles into far-off uncharted waters. For attorneys and law firms, is telecommuting a bridge over troubled waters, or a long walk on a short pier? That is the question I address in this article.
Expert Witness vs. Trial Consultant
February 27, 2008
The field of forensic psychology as applied to Family and Supreme Court matters involving custody and access issues has evolved in its complexity and breadth over the last three decades to encompass a broader range of professional activities. The forensic psychology literature has begun to provide more specific guidance regarding the 'do's and don't's' of both expert witness work and trial consultancy.
Legal Sales & Service: The Most Important Trend in Legal Business Development
February 26, 2008
Recently, the author spoke with the general counsel at a Fortune 500 firm about some of his best, and worst, experiences with law firms. His central message was that 'Social events and personal relationships just don't matter like they used to. These days, if a firm wants a steady flow of new business, [it] must deliver value.'
Client Speak: Trading Places
February 26, 2008
Marketing abounds with buzzwords and bromides ' and dangerous ones at that. When, for example, we sling catch-phrases like 'partnering,' or pontificate about how important it is to 'understand the client's business,' it becomes way too easy to talk a lot of sanctified talk without ever really walking the proverbial walk.
Delaware Chancery Dismisses Globis v. Plumtree
February 26, 2008
While Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173,184 (Del. 1986) places paramount importance on directors' duty to seek the highest sale price once the board of directors determines their corporation is for sale, the fact that plaintiffs simply point to a less-than-ideal purchase price is not sufficient under Delaware law to trigger heightened scrutiny of the directors' actions during the sale process.
