Million Dollar Awards Can Amount to Much Less
September 28, 2006
In August, a San Francisco Superior Court jury awarded $10.3 million in economic and non-economic damages in an asbestos case brought by a 60-year-old man allegedly suffering from mesothelioma. <i>Barnes v. Thorpe Insulation Co.</i>, 446017. It may be one of California's 10 largest compensatory verdicts for asbestos cases in the last 15 years.
Online Legal Matching
September 28, 2006
In the relatively newfangled sector of e-commerce, how often does an entrepreneur or attorney who represents e-commerce clients get to witness the birth of a new industry? <br>Well, there's a new player in the $173 billion legal services industry, and its initials are OLM ' a euphonic moniker for online legal matching.
Fosamax and the Public Hazards Discovery Doctrine
September 28, 2006
In September 1995, the U.S. Food and Drug Administration ('FDA') approved Merck's compound alendronate for various uses, including the treatment of osteoporosis and Paget's Disease. Alendronate is marketed by Merck as Fosamax'. It is one of Merck's biggest sellers, with approximating $3.5 billion per year in sales.
Meet & Confer Checklist
September 28, 2006
Preparing for the amendments to the Federal Rules of Civil Procedure (FRCP) will require careful planning and preparation. Following are steps designed to help general counsel more effectively negotiate the scope of electronic discovery at an FRCP Rule 26(f) Meet & Confer conference.
<b>Online Exclusive:</b> Class Action Lawsuit Filed in Wake of AOL Search Data Gaffe
September 27, 2006
AOL is facing a possible class action lawsuit from subscribers whose online searches were compiled and placed online by the company in July. The search history database, which was put online on July 31, quickly moved outside the protected site where AOL placed it, and newspaper reporters and researchers were able to identify individuals on the database by analyzing their search histories. By the time AOL pulled the database 10 days later, the information had, in effect, 'become public record,' according to the lawsuit.
Data Mining
September 27, 2006
Few technological advancements or social movements have impacted matrimonial law as profoundly as the computer/electronic age. Today, litigants have a virtual Pandora's box of incredibly vast yet retrievable information at their fingertips, which all too often remains underutilized or undiscovered. Currently, stored data can be retrieved from joint marital assets such as computers, cell phones or even facsimile devices with memory capabilities. The information stems from usage, whether explicitly 'saved' by the computer operator or not. It can later be deciphered or interpreted by a trained professional and can yield countless bits of information to assist in discovery.
NY Appellate Court Nullifies Attorney-Fee Provision
September 27, 2006
For the first time in New York appellate history, an appeals court in Brooklyn declared unenforceable provisions of a prenuptial agreement that barred a spouse from seeking attorney fees. The decision is the first in which an appeals court had nullified part of a prenuptial agreement concerning attorney fees, rather than the whole agreement.
Protecting Trust Assets from a Divorcing Spouse
September 27, 2006
When spouses divorce, they may be surprised to discover that certain trust assets may not be protected from each others' reach. It is often difficult to find a bullet-proof trust, holding assets firmly and securely away from the divorcing spouse.
Background Checks: The New Burden of Proof
September 27, 2006
Negligent hiring cases typically turn on whether a background check that was forgone would have helped to reveal an employee's propensity to erupt in violence or commit fraud. But a new burden of proof may be on the horizon.
