The Six Habits of Highly Effective Risk Management Programs
November 01, 2005
For years, a consistent front-runner on the best-seller list has been Steven Covey's, "<i>The Seven Habits of Highly Effective People</i>." Failure to be "highly effective" in managing risk can imperil drug and device manufacturers. Today's litigation is formidable. Personal injury attorneys are well connected, constantly seeking "The Next Big Thing" in product liability litigation. Many firms specialize in suing drug and device companies. There are networks on Internet forums and at legal conferences built around "how to" workshops on suing specific devices, drugs or manufacturers.
Online: Protecting Anti-Terror Research Companies from Lawsuits
November 01, 2005
Secretary of the Department of Homeland Security ("DHS") Michael Chertoff told the U.S. Chamber of Commerce that the DHS is seeking to shield more anti-terror research companies from product liability suits. Since January 2005, the DHS has overcome its reluctance to limit product liability for many research and development companies that manufacture anti-terror technology. There is still, however, debate over liability protections afforded by legislation to shield manufacturers of bioterrorism vaccines.
Practice Tip: Using Jury Research to Help Overcome the Challenges of Common-Sense Causation
November 01, 2005
The issue of causation is at the core of most product liability trials. The challenge for litigants, particularly defendants, is that jurors often find common-sense notions of causation more persuasive than those based on complex or scientific evidence, even though the latter may be more accurate or correct. Common-sense causation arguments are simple arguments that are consistent with lay jurors' everyday experiences. Indeed, common-sense notions of causation are correct in most of our day-to-day activities. Accordingly, jurors come to trust their common-sense notions of causation and find it disconcerting when those notions are challenged by trial counsel. The result is that jurors who are presented with competing theories of causation are often likely to prefer the common-sense theory, even if it is not correct or plausible from the perspective of science or engineering. This is especially true of jurors who are not motivated to consider and integrate a large volume of complex evidence carefully and thoughtfully.
Feed Me!
November 01, 2005
If you are not yet using RSS, you are missing out on the single best way to get news and updated information via the Internet.
Balanced Access
November 01, 2005
Due process in the Information Age means leveling a dynamic playing field. As courtrooms are being wired for computer access, jurors and litigants are opening the courthouse doors just enough to allow the Internet inside. These online excursions are challenging current notions of fair trial and equal justice.
Ownership Of The Internet
November 01, 2005
In commerce, as we Americans are more or less reminded on our paper currency, transactions are divided into two domains: Those that are government-controlled, and those that are privately controlled. Depending on the type of transaction that is involved between parties, different constitutional rights are applicable. <br>That said and established, let's consider that growing alchemy of the ether realm that mixes expression and the maintenance and control of the Internet. In particular, if the Internet is nongovernmental, then it may generate terms-of-use agreements to prohibit political speech. But if the Internet is governmentally controlled, then Internet users have a First Amendment right to use it for public speech.
Music Piracy Defendants Fighting Back
November 01, 2005
In the last year ' particularly in the last 6 months ' a growing number of defendants have refused to settle music industry suits, challenging what they allege are groundless lawsuits filed by the Recording Industry Association of America (RIAA).
Cameo Clips
November 01, 2005
Recent cases in entertainment law.
Courthouse Steps
November 01, 2005
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
<b>Anatomy of a Practice:</b> Washington, DC's Jenner & Block Builds Music and Movie Client Base
November 01, 2005
Three years ago, the closest most lawyers at Jenner & Block came to the entertainment industry were the compact discs its partners bought or the movies its associates rented. But now, Jenner & Block has been tapped to solidify the industry's role on the Web, edging out law firms with longer histories representing publishing and production companies. Add that to Jenner & Block's recent victory as lead Supreme Court counsel in <i>MGM Studios v. Grokster</i>, and the firm is quickly shaping up as a prominent player in the expanding industry.
