Case Briefs
February 29, 2008
Recent rulings of importance to you and your practice.
The Impact of Technology on Case Law under the 2006 FRCP Amendments
February 28, 2008
The 2006 amendments to the FRCP contain a host of technology-oriented standards and procedures. Accordingly, it is not surprising that the case law in the wake of these amendments reflects the unstoppable march and advancement of computer technology. This article illustrates some of the most important ways in which this technology has influenced judicial opinions regarding electronically stored information under the new rules.
The Securities Act of 1933: Assessing and Managing IP Liability
February 28, 2008
Given the potential liability exposure established under the Securities Act of 1933, it is becoming increasingly important that a company's internal management and outside advisers thoroughly understand the IP-related risks associated with the realization of corporate value.
Case Notes
February 28, 2008
Recent rulings of interest to you and your practice.
The Threshold Limit Values Controversy
February 28, 2008
The establishment of safe thresholds for human exposure to toxic substances has proved to be among the most controversial issues in the environmental and occupational safety and health arena. This article discusses how the Threshold Limit Values ("TLVs") are typically used in toxic tort litigation, explores the dimensions of the controversy surrounding their use, and addresses a recent industry lawsuit.
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.
