Case Notes
Highlights of the latest Product Liability cases from around the country.
Rule 68: The Often-Overlooked Defense Tool
The often-overlooked offer of judgment rule — Federal Rule of Civil Procedure (FRCP) 68 — may be a valuable tool for defendants if carefully employed. An offer of judgment's primary benefit is its obvious risk-shifting effect. Rule 68 forces plaintiffs, particularly small plaintiffs, to proceed cautiously in the face of mounting costs and uncertainty.
Effective Use of Experts: The Rules of Engagement
Expert testimony 'can be both powerful and quite misleading' because of a jury's difficulty in evaluating such evidence. — <i>Daubert v. Merrell Dow Pharm., Inc.,</i> 509 U.S. 579, 595 (1993). Expert testimony is an integral part of products liability litigation. As the excerpt above articulates, expert testimony is powerful and its importance should not be underestimated or trivialized. Selecting an expert who can simplify the issues for the fact-finder, yet maintain his or her composure under cross-examination, is a difficult and time-consuming process. In short, because your expert's credibility is critical to the success of your case, you need to understand the rules of engagement at the outset.
Practice Tip: Electronic Filing ' Embrace It Soon
In 2002, the federal district courts began to accept electronic filings. Now, at least one court is making electronic filing mandatory. By May 1, 2004, attorneys practicing in the Western District of Washington must register for electronic service of documents and by June 1, 2004, electronic filing will be mandatory. The Western District of Washington is ahead of the curve, in part, due to its responsibility for the multidistrict litigation ("MDL") regarding phenylpropanolamine ("PPA"), motivating the court to find ways to become more efficient and provide better access to dockets and filings. Other courts are sure to follow, and it is well worth a few minutes of your time to become familiar with the system.
Why U.S. Franchisors Should Care About the Winds of Change in Ontario
For U.S.-based franchisors seeking international expansion, Canada is often the first choice for a host of obvious reasons: proximity; common language (almost); similar purchasing patterns; reaction to Canadian-tourist expression of interest; cross-border spill-over advertising; relatively low incremental cost to service a nearby 51st market area with a population roughly the size of California; etc.
Mainstreaming California's Franchise Rules
Since California introduced the world to franchise sales laws in 1970, it has repeatedly distinguished itself for its sometimes-curious approach to regulating franchise relationships within its borders. Recent events, however, suggest California is moving mainstream.
News Briefs
Highlights of the latest franchising news from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
Tech Trans Hotline
The latest cases and items of interest in the technology transfer field.
Managing Data Security Risks in Outsourcing Contracts
Corporate America's love affair with outsourcing and the global trend-line in data protection law are on a collision course. The globalization of service-based economies is accelerating, as both onshore and offshore vendors of outsourced services offer savings and efficiencies that companies cannot ignore. At the same time, countries that seek to ride the wave of outsourcing to grow their local economies are under pressure to enact privacy and data laws resembling Western-style fair information practices. And in the current election year environment, legislators in the United States are likely to seek further controls on companies that send their customer data (and jobs) overseas. <br>Although the risk of privacy and data protection violations cannot be eliminated in outsourcing relationships, properly drafted data security provisions in an outsourcing contract can clearly allocate the parties' respective duties and mitigate a customer's exposure to the threat of data security breaches.
