Researching Your Case: When Hard Work Pays Off (For the Other Side)
May 26, 2005
During the course of discovery in product liability matters, a key liability theme is often whether the defendant company complied with its regulatory obligations in connection with the product at issue. For example, in product liability litigation concerning chemical compounds, the focus might be on whether the company properly registered the compound with the EPA or with state environmental agencies. Likewise, in a pharmaceutical or medical device product liability case, plaintiffs will often focus on whether the product complied with FDA regulatory requirements. Plaintiffs' approach to such liability issues will often result in depositions that focus on whether, how, and when the defendant company informed the appropriate regulatory agencies of any risks potentially associated with use of the product at issue. Did the company submit the requisite scientific data; did it properly report known adverse events associated with the product at issue, and did it seek appropriate approval from the regulatory agency regarding the nature of its warnings to users and consumers? To that end, plaintiffs will often notice depositions of fact witnesses whom they think can provide testimony on the company's regulatory compliance or they may seek depositions pursuant to Fed. R. Civ. P. 30(B)(6) of witnesses "with knowledge" of the company's regulatory compliance.
Practice Tip: Prepare Yourself and Your Employee Witness for the 'Regulatory' Deposition
May 26, 2005
During the course of discovery in product liability matters, a key liability theme is often whether the defendant company complied with its regulatory obligations in connection with the product at issue. For example, in product liability litigation concerning chemical compounds, the focus might be on whether the company properly registered the compound with the EPA or with state environmental agencies. Likewise, in a pharmaceutical or medical device product liability case, plaintiffs will often focus on whether the product complied with FDA regulatory requirements. Plaintiffs' approach to such liability issues will often result in depositions that focus on whether, how, and when the defendant company informed the appropriate regulatory agencies of any risks potentially associated with use of the product at issue. Did the company submit the requisite scientific data; did it properly report known adverse events associated with the product at issue, and did it seek appropriate approval from the regulatory agency regarding the nature of its warnings to users and consumers? To that end, plaintiffs will often notice depositions of fact witnesses whom they think can provide testimony on the company's regulatory compliance or they may seek depositions pursuant to Fed. R. Civ. P. 30(B)(6) of witnesses "with knowledge" of the company's regulatory compliance.
Online: Explore Consumer Advocacy on the Web
May 26, 2005
Public Citizen ("PC") is a national, nonprofit consumer advocacy organization founded in 1971 to represent consumer interests in Congress, the executive branch and the courts. Its Web site is located at <i>www.citizen.org.</i>
Career Paths for Law Firm Accounting-Financial Professionals
May 26, 2005
This two-part article explores career path opportunities for individuals who have an accounting or finance background and experience working with law firms and attorneys. Part One focuses on opportunities to consult as an external service provider.
Establishing a Dominant Market Share
May 26, 2005
I see a lot of law firm strategic plans that talk about "establishing a position of dominance" or "being preeminent" in an area of practice, an industry or a geographic area. In my mind these are precisely the kind of market-driven, externally focused goals that law firms should be setting for themselves. The obvious question, however, is how does a law firm know whether or not it has created a position of dominance?
Views From the Blawgosphere
May 26, 2005
Web logging is an increasingly popular medium of expression, but many blogs (or "blawgs" as legal blogs are called) offer musings that are not useful or even credible. By contrast, <i>A&FP</i> Board member Ed Poll, long on the forefront of communication technology, provides comments with actual substance at www.lawbizblog.com. Here's a sampler to introduce our readers to Ed's online thinking.
New York Loses Bid to Tax CT Telecommuter
May 26, 2005
In a rare victory for a telecommuter in a "convenience of the employer" rule case, an administrative law judge has held against the state Division of Taxation and said New York has no business taxing all of the income of a man who worked from his home in New Canaan, CT.
Dominance in the Details
May 26, 2005
Ed Wesemann's book Creating Dominance provides an impressively coherent guide to strategic thinking for law firm planners. The book draws on Wesemann's…
Law Firm Business Institute Merges
May 26, 2005
The Law Firm Business Institute, a law-firm consultancy run by A&FP Board member Stephen M. (Pete) Peterson, has merged with certified public accounting firm Maxfield & Co. Headquartered in Grand Junction, CO and serving clients nationally and internationally, the new firm is named Maxfield Peterson, P.C.
Major Policy Shift
May 26, 2005
The Women's Bar Association of the State of New York has joined the New York State Bar Association in lobbying for a no-fault divorce law. Mindy Zlotogura, president of the 3300-member women's bar group, said that she planned to lead a delegation to Albany to meet with key legislators about changing the law. The decision to support the state bar initiative represents a sea change for the women's bar, which has traditionally opposed no-fault divorce measures.