Cleaning up After Debtor/Tenants
February 26, 2008
The Ninth Circuit has created a dubious distinction between tort-like damages and other non-rent damages that will undoubtedly spawn uncertainty and litigation. The authors explain why.
'Coudert Brothers': Court Limits Attorney's Retaining Lien
February 26, 2008
The U.S. Bankruptcy Court for the Southern District of New York recently issued a decision in <i>In re Coudert Brothers LLP</i> concerning the treatment of an attorney's retaining lien in the bankruptcy of a law firm. The decision does not alter the analysis that would obtain under applicable state law, and serves as an important reminder to attorneys that their liens to secure payment of amounts owed by clients and former clients depend on state law and are not enhanced in the bankruptcy setting.
Hormone Replacement Therapy Opinion: Overturned $3M Verdict Explained
February 01, 2008
A Philadelphia judge overturned a $3 million jury award, explaining that a woman who sued Wyeth, claiming her breast cancer was caused by the company's hormone replacement drug, did not show sufficient evidence that her doctor would not have prescribed the drug if warnings were better.
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.
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.
Climate Change: D&O Issues for Policyholders
January 30, 2008
Directors and officers are developing strategies to address the business impact of climate change and the potential financial impact of current and future greenhouse gas regulation. Among the challenges they face are how to address disclosure obligations related to these financial risks and how to maximize potential insurance coverage under directors' and officers' liability insurance policies should climate-related claims be asserted.
