The Second Annual MLF 50: The Top 50 Law Firms in Marketing and Communications
November 27, 2006
At the outset, let me congratulate the 50 firms that made this year's MLF 50. The fact that out of the hundreds of law firms with marketing programs, these 50 firms have attained the status of being considered the best programs in the country is a testament to the fabulous strides that law firm marketing, business development and media programs have achieved over the last year. There is good news here: Marketing is alive, well and prospering at many of the AmLaw 200 firms. This year, the MLF 50 showcases a wide range of firms and their marketing activities that can best be described by using a sports metaphor ' a full contact sport. The profession has come a long way in terms of sophistication, depth and creativity. In the following pages, you will see the power of marketing, business development and media and how can transform and strengthen a law firm ' and yes, make it more profitable. What is important to note is that many of these marketing activities were created as vehicles for pro bono and diversity initiatives. It should come as no surprise that doing good deeds for others and creating a diverse environment leads to prosperity.
China's World Trade Compliance
November 06, 2006
Board of Editors member, Prof. Usha Haley, spoke at the U.S.-China Economic and Security Review Commission Hearing on China's World Trade Compliance. In Part One, she addresses subsidies, their forms and complications. In Part Two, she covers how profitable and available those subsidies are and how profitable companies are that serve the China market.
Establishing Injury Presents Challenge In Lawsuits over Right of Publicity
November 02, 2006
The right of publicity ' the right of individuals to protect the commercial uses of their names and images ' is now a familiar concept. Given CKX Inc.'s purchase for a reported $50 million of rights to Muhammad Ali's name and the company's $100 million acquisition of Elvis Presley's publicity rights, there can be no question that the right not only can have great value, but has achieved a certain settled status. And yet, the metes and bounds of the right remain elusive at best.
Maximizing Coverage Under the 'Cause Test'
October 30, 2006
The determination of the number of occurrences that arise under an insurance policy can have a profound effect on the availability of coverage, from the perspective of the policyholder, or upon the limitation of coverage, from the perspective of the insurer. Although the stakes can be enormous, the math is fairly simple. Consider a policyholder that faces a large liability arising from a substantial number of small claims. If the policyholder has a coverage program that provides a low per-occurrence deductible or self-insured retention, or no per-occurrence deductible or self-insured retention, a judicial determination that there are many occurrences likely will have the effect of maximizing the policyholder's recovery. On the other hand, if that same policyholder has a coverage program with a high per-occurrence deductible or self-insured retention, which may exceed the amount of most if not all of the single claims, a judicial determination that the claims constitute a single occurrence likely will maximize the policyholder's recovery.
Is Defective Workmanship an 'Occurrence'?
October 30, 2006
Last month, we discussed the fact that under the terms of a standard Commercial General Liability ('CGL') policy, an insurance company must defend and indemnify its insured for claims of property damage resulting from an 'occurrence' subject to certain enumerated policy exclusions. We went on to enumerate differences in various states' jurisdictions, from California to Florida to Illinois. This Part continues the examination of various states' case law.
Anti-SLAPP Statutes and Peer Review
October 30, 2006
Hospitals trying to assemble a peer review committee to review another practitioner's record and perhaps impose sanctions for substandard performance have their jobs cut out for them because physicians are often reluctant to pass judgment on a colleague. In addition to this natural reticence, those who sit on or testify at a peer review proceeding have another reason to want to avoid it: the threat of lawsuits brought by the medical practitioner facing discipline. The scope of the problem is obvious: without willing and honest participants, the peer-review system that helps keep patients safe is compromised.
Case Notes
October 30, 2006
Highlights of the latest product liability cases from around the country.
Excluding Unreliable Expert Testimony in Fire Cases
October 30, 2006
Fire cases, especially those involving appliances, present unique challenges because the lack of compelling physical evidence often permits ex-perts to give unreliable opinions concerning causation. Fire usually destroys evidence showing its cause, and many fire scenes contain multiple possible causes in the area of origin. Moreover, the area of origin can only be defined in the most general sense in most significant cases because there are no fire patterns indicating a specific point of origin. Many times, the likely area of origin is no smaller than a large portion of a particular room. Moreover, property owners are reluctant to reveal that they negligently started a fire, so they provide misleading information in some cases. In many fires, certain or even likely identification of any particular cause is simply not possible.
Prescription Drug Litigation Pre-emption: A Status Report from the Defense Perspective
October 30, 2006
The Food and Drug Administration's ('FDA') pre-emption analysis in the preamble to its Jan. 24, 2006 drug-labeling rule has resulted in a significant shift in judicial recognition of pre-emption in prescription drug litigation. While only a handful of courts had upheld prescription drug pre-emption arguments prior to the FDA preamble, a solid majority of courts informed by the FDA's preamble analysis have found state law claims pre-empted. Part One of this series discussed key battlegrounds upon which future FDA pre-emption arguments will be fought. This second installment reviews recent case law and also discusses two new FDA <i>amicus</i> briefs in which the FDA provides further guidance on the proper scope of pre-emption in prescription drug litigation.
Minimizing Internet Risk
October 30, 2006
The Internet has revolutionized how companies conduct business. Utilizing Internet technologies, people now instantly share ideas with individuals around the globe, and companies can now reach previously inaccessible markets through their Web sites. Along with these advantages, however, the Internet and related technologies have added unique risks to today's businesses. As discussed in Part One of this article, these dangers include threats to a company's electronic information through viruses and worms as well as new legal liabilities stemming from a business' Internet usage. In addition, the Internet provides numerous threats to a business's intellectual property and makes unwary companies susceptible to suit for treading on the intellectual property rights of others. This part of the article reviews some of these hazards and summarizes steps that companies can take to minimize their exposure to these risks.
