Equipment Leasing and CERCLA Liability
November 30, 2007
In this month's installment, we focus on some of the special issues facing equipment leasing as a result of the Supreme Court's decision in <i>United States v. Atlantic Research Corporation</i>. We recommend some steps in order to address the increased litigation and liability risks facing owners and lessors of equipment, risks that few have addressed.
Food and Product Safety Litigation: How Will It Affect General Liability Insurers?
November 30, 2007
Litigation stemming from recent product and food safety failures presents a number of important insurance questions under general liability policies. These include questions about the scope of the products-operations hazard, whether non-products coverage is implicated by new theories advanced by the plaintiffs' bar, whether 'no injury' claims for economic harm can be shoehorned into coverage, and whether the many class action claims seeking medical monitoring for potential bodily injury will be covered under general liability policies.
Waiver of Attorney-Client Privilege and Work-Product Protection: Proposed New Federal Rule of Evidence Is under Consideration
November 30, 2007
At its Sept. 18, 2007 meeting, the Judicial Conference of the United States approved a proposed new Federal Rule of Evidence regarding waiver of attorney-client privilege and work-product protection. Because Rule 502 is a rule dealing with privilege and because the Rule would govern state courts regarding certain issues, the Rule must be enacted directly by Congress. Accordingly, at press time, the Judicial Conference will now submit the Rule to Congress, which will vote 'yay or nay' by no later than December 2007. If Congress approves the new Rule 502, the Judicial Conference will transmit the Rule to the U.S. Supreme Court by Dec. 18, 2007, keeping it on the path to be enacted on Dec. 1, 2008.
FIN 48: Accounting for Uncertain Income Tax Positions
November 29, 2007
This article provides a brief overview of the two-step, benefit-recognition approach implemented by FIN 48, a summary of the disclosures required by FIN 48, and a discussion of issues associated with protecting FIN 48 compliance documentation from disclosure to taxing authorities.
Verdicts
November 27, 2007
Recent ruings of importance to you and your practice.
Client Speak: Insiders/Outsiders
November 27, 2007
By now you've heard it thousands of times ' If you want to sell, know your target. If you're a lawyer, don't bedazzle them with nonpareil insights into Markman or Title VII or the best arguments in support of federal preemption in a product case. Your expertise is really a pretty cheap commodity no matter where you graduated law school. C-Suite buyers won't care; in-house counsel, who've heard it all before, are even less impressed.…
Successful Wind-Down and Exit Management
November 27, 2007
Professionals are often asked to assist in the wind-down and liquidation of a company by the company's legal counsel. The requesting attorney, who may have a history with the company, knows the company is in trouble and may even expect a bankruptcy filing will come relatively soon. This in-depth article describes how to hire a wind-down specialist and what to expect.
Online Sweepstakes And Contests As Promotional Devices
November 26, 2007
Online sweepstakes and contests are well known devices that traditional and e-commerce firms and related operations frequently use to promote their products and services. While these tools of the online-promotions and online-marketing trade offer the promise of a cost-efficient way to target interested consumers and create a great deal of buzz, they are hardly trouble-free, and a myriad of traps await the unwary. The attorneys general of several states closely regulate and monitor sweepstakes and contests, and failure to conduct promotional and marketing campaigns properly can result in enforcement actions and consumer lawsuits, so be sure to operate a sure thing instead of taking a gamble.
When Legal Spam Isn't Spam
November 26, 2007
Demands for consumer 'extra effort' from Web merchants or service providers could become very common after a mid-2007 federal court ruling ' <i>Douglas v. Talk America, Inc.</i> In that case, a federal appeals court considered what it labeled an 'issue ' of some significance, (which) potentially affects the relationship of numerous service providers with millions of customers: ' whether to enforce a modified contract with a customer where the customer claims that the only notice of the changed terms consisted of posting the revised contract on the provider's Web site.'
