Practice Tip: First-of-a-Kind Accidents ' Evidentiary Considerations
February 07, 2006
Many successful trial specialists consider "other similar incidents" evidence ("OSI") to be among the most powerful weapons intended to persuade juries that the product in question is truly defective. If they are used, however, two things are necessary: evidence to support the incidents, and careful scrutiny, not only for the familiar standards of so-called "substantial similarity," but also for true relevance, probativeness and potential for prejudice.
New York Ruling Reveals Third-Party Liability Trend
February 07, 2006
In the emerging issue of third-party liability, recent rulings by the high courts of New York state and Georgia, and a case pending before the New Jersey Supreme Court, may provide some insight as to the direction other state supreme courts may follow.
Case Notes
February 07, 2006
Highlights of the latest product liability cases from around the country.
Online: Occupation Safety Information Is Abundant Online
February 07, 2006
Visit <i>www.occupationalhazards.com</i> for everything you ever wanted to know about occupational safety, health and loss prevention. This month's column covers some of the many features offered by the site.
When Technology Doesn't Work
February 03, 2006
The traditional wisdom, "failing to plan is planning to fail," has been transformed into a rule of thumb for the tech sector: "plan for failure." Firms that do not explicitly anticipate systems failure run the risk of being unprepared for a catastrophe, just as Floridians must plan for hurricanes in August ' and New Orleans must now be prepared for potential dike breaches.
New Privacy Laws Restricting Use Of Social Security Numbers
February 03, 2006
e-Commerce businesses must be particularly careful about how consumer information is collected and used, and whether such practices comply with the varying state laws ' especially considering that their Internet-based business more than likely reaches consumers in all 50 states.
Building a State-of-the-Art Anti-Bribery Program
February 03, 2006
Anti-bribery laws have serious consequences for anyone doing business internationally. Violations come to light during routine M&A due diligence, when competitors complain or employees blow the whistle, or when companies voluntarily disclose as a part of their Sarbanes-Oxley reporting obligations. When they do come to light, strong internal controls may shield executives from some liability and restore confidence amongst shareholders and regulators.
Sarbanes Oxley And The Non-Public Subsidiary: A Non-Sequitur?
February 02, 2006
By now, corporate counselors are well acquainted with the fact that the Sarbanes-Oxley Act (SOX) and its whistleblower protections apply to publicly traded companies. What is less well known is that the Sarbanes-Oxley whistleblower protections can also apply to non-public subsidiaries of publicly traded companies. Although the Department of Labor Administrative Review Board noted that it has not addressed the issue at the appellate level, a number of OSHA Administrative Law Judges (who hear SOX whistleblower cases at the trial level) have done so, and their decisions uniformly hold that SOX <i>can</i> protect the employees of <i>non-public subsidiaries</i> of publicly traded companies under certain circumstances. Those decisions also provide practical guidance for corporate counselors who want to limit SOX coverage strictly to the publicly-traded parent.
Litigation Budgeting: No Crystal Ball Required
February 02, 2006
Litigation may be simply one of the costs of doing business, but it's no secret that the difficulty in predicting those costs adds to the frustration in corporate legal departments. Concerns about costs and how to control or predict them weave their way throughout a survey of corporate litigation trends commissioned for the second consecutive year by Fulbright & Jaworski L.L.P., and conducted by an independent research firm. This article discusses one of the most effective, yet surprisingly underutilized tools for managing litigation costs: the litigation budget from outside counsel.
