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.
Rethinking the Rule 68 'Offer of Judgment'
September 27, 2006
With the ever-increasing costs of litigation, litigants often take steps to try and control these expenditures. Settling cases early, while not always an attractive option, is nonetheless one way to control these costs. Limiting recovery of attorneys' fees is obviously an approach that may lead to a settlement. Along these lines, defendants, particularly in civil rights cases, have turned to the 'offer of judgment' provision set forth in Rule 68 of the Federal Rules of Civil Procedure.
Federal Tax Incentives for Small Business
September 27, 2006
The federal tax code targets small businesses with a social conscience in an effort to encourage compliance with federal disabilities rights laws. There are tax credits and deductions that promote the employment of, and accessibility for, disabled persons. It is through these tax incentives that small businesses are permitted to defray certain costs associated with: 1) the employment of persons with disabilities; and 2) the provision of accessibility to public accommodations for persons with disabilities. Irrespective of whether a small business is an independent business, a distributorship, or part of a franchise system, it cannot afford to ignore the tangible social and economic benefits these tax incentives provide.
