Compliance Programs for Private Companies
July 31, 2006
We all know that a proactive Securities Exchange Commission (SEC), combined with implementation of the Sarbanes-Oxley Act of 2002 (SOX), and activation of the Public Company Auditor Oversight Board (PCAOB), has triggered intense scrutiny on corporate ethics and accountability. One by-product of this is that the public company has come to serve as a mentor of sorts to the private company in the arena of corporate compliance programs, offering certain 'best practices' that may also be useful to the privately held company, its management, and its shareholders or owners.
<b>Product Review:</b> A Solution For Today's Data-Intensive Litigation Workflows
July 31, 2006
Bowman and Brooke LLP has 160 trial lawyers coast-to-coast in Minneapolis, Phoenix, Detroit, San Jose, CA, Los Angeles and Richmond, VA. Together, the firm defends corporations in products liability, toxic torts and other high-stakes litigation throughout all 50 states. <br>The nature of the firm's work ' and litigation in general ' is collaborative, and often dependent upon massive amounts of data. The explosion of documentary evidence brought on by compliance and electronic discovery obligations has made finding, organizing, analyzing and understanding case evidence more challenging than ever before.
Practice Tip: Toxic Cases ' Proceed with Caution
July 31, 2006
All product liability cases are difficult; however, toxic product cases that involve a substance that has caused injury during its use or application pose more of a problem than most others. For example, some spray paints may contain toxic substances that are part of the composition of the product. The warnings on such products are covered by the Federal Hazardous Substances Act ('FHSA'), which requires hazardous household products sold in interstate commerce to contain cautionary labeling, 15 USCA 1261. (A hazardous substance is toxic, an irritant, or a strong sensitizer if the substance may cause substantial personal injury or illness as a result of any reasonably foreseeable use.)
'Involuntary Dismissal' of the 'Innocent Seller': Continuing Choice of Law Issues in Products Liability MDL Proceedings
July 31, 2006
In multidistrict litigation ('MDL') proceedings involving product liability claims, the choice of what law to apply continues to be a thorny issue. For instance, in <i>In re Ephedra Products Liability Litigation</i>, No. 04-1598 (S.D.N.Y) (the 'Ephedra MDL'), Judge Jed S. Rakoff of the Southern District of New York raised the question of whether the Restatement of the Law Third of Torts could be applied as the universal law applicable to all claims in the proceeding. <i>See</i> Case Management Order ('CMO') No. 4 at '11, July 9, 2004. Judge Rakoff later concluded, at the Sept. 10, 2004 Status Conference, that application of such a 'universal law' would be inappropriate. Such choice-of-law issues, however, remain problematic. That is so not only with regard to substantive law, but with regard to procedural law as well.
The Class Action Fairness Act: The Meaning of 'Commenced' After 1 Year
July 31, 2006
The first part of this article discussed how the date of commencement in state court and how adding a new defendant impact removal of a class action case to federal court under CAFA. The conclusion addresses whether amending the complaint 'commences' the class action for purposes of CAFA.
<b>Technology In Marketing: </b> Time to Upgrade Your Firm's Web Site?
July 31, 2006
Despite their importance, many law firm Web sites are outdated ' having been designed, developed and launched several years ago when Web technologies were far less advanced than they are today. As a result, many law firms are not taking advantage of new technologies that could simplify site maintenance, improve the 'user experience' of site visitors, and more effectively promote the firm's expertise. <br>This article reviews some new technologies that firms should consider when evaluating whether their Web site is in need of a functional upgrade.
Blogging and the Workplace
July 27, 2006
You may not know about it, but it is happening: At least one, and probably more, of your business' employees has entered the 'blogosphere.' The world of blogs, or interactive diaries posted on the Internet, has expanded exponentially over the past 3 years, and 'bloggers' cannot seem to resist the urge to talk about their jobs. These sometimes quasi-journalistic postings raise a host of concerns for employers, such as protecting a hard-won public image, safeguarding confidential information, and preventing defamation of managers and co-workers. Such concerns arise because blogs can reach millions of readers long before the employer even learns about the posting.
Tools for Challenging Settlements
June 29, 2006
A policyholder, claiming that its insurer is engaging in improper foot dragging while the policyholder faces huge liability exposure, enters into a settlement. It does so without the insurer's consent. Then the policyholder de-mands that the insurer fund the settlement. The insurer objects. In the litigation that is sure to follow, the insurer need not be on the defensive ' even if it breached its contractual obligations. Instead, several legal tools are available to an insurer to effectively challenge coverage for the settlement.
The Magnuson-Moss Warranty Act: A Recent Split of Opinions Regarding Protection of Lessees
June 29, 2006
In recent months, a number of leasing-related issues have arisen with respect to motor vehicle finance transactions. Specifically, the matter of vicarious liability for lessors still appears to be an active and openly debated concern, despite Congress' attempt to pre-empt various troublesome state laws. In addition, other motor vehicle finance issues, such as certain sublease arrangements, insurance issues, and compliance with the International Fuel Tax Agreement, have all become topics of discussion in this leasing sector. In the last few months, however, another auto leasing issue has quietly joined the ranks: whether a motor vehicle lessee may invoke the provisions of a manufacturer's warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvement Act. The answer to this question has been complicated by the recent decisions of two state supreme courts (New Jersey and Arizona), which have come down on opposite sides of this issue within weeks of each other.
