Mergers And Attorney Departures: Ethical Pitfalls To Avoid
February 24, 2005
As anyone connected with the modern law firm can readily attest, lawyers come and lawyers go. As anyone connected with the ethics function at the modern law firm can attest, attorney arrivals and departures create conflict of interest and other issues that sometimes seem unsolvable. <br>To be sure, the dynamics are readily different when attorneys arrive at the firm, as compared to when they depart. On the front end of a new relationship, everyone is hopeful and excited ' in stark contrast to the mindset of departing attorneys, in many circumstances, toward their soon-to-be former firm, and vice versa. Regardless of the dynamics, however, important ethical rules and principles must be followed. Otherwise, serious economic and reputational harm ' as well as attorney grievance investigations ' can follow.
Quarterly State Compliance Review
February 24, 2005
This edition of the Quarterly State Compliance Review looks at some of the legislative enactments and court decisions of interest to corporate lawyers that occurred over the last 3 months. Included is a look at three new limited partnership acts, a Delaware decision granting shareholders access to a corporation's privileged communications, and an Illinois decision holding that an internal corporate memo could be the basis of a defamation action.
Court Says $10K 'Bet' Can't Settle E-tailer Fight
February 24, 2005
A $10,000 "side bet" wasn't enough to persuade a Ninth Circuit U.S. Court of Appeals en banc panel to answer whether federal courts have jurisdiction over out-of-state Internet retailers.
Court Watch
February 24, 2005
Highlights of the latest franchising cases from around the country.
Franchise Litigation: 10 Cases That Changed the Landscape in the Past Decade
February 24, 2005
<i>Armstrong Business Services, Inc., et al., Appellants v. H & R Block, et al.,</i> Bus. Franchise Guide (CCH) '12,485, 96 S.W.3d 867 (Mo. App. 2002). The Armstrong case involved H&R Block franchisees who sued their franchisor for, among other things, encroaching upon the franchisees' territories through the franchisor's Internet business. H&R Block then filed a counterclaim, alleging that all of the franchisees' franchise agreements were terminable at will by Block.
Litigation Update: Supercharging Legacy Databases
February 24, 2005
Corporations and law firms who manage large ongoing and mission-critical litigation, such as toxic tort or products liability cases, are supercharging the databases they rely on to track and manage the facts and documents in those cases. They are adding full text and linguistic pattern searching capabilities to enable them to gain better command and mastery of the facts and the documents in the case. It is, after all, difficult to have command and mastery of facts or documents you can't find, or to see relationships or patterns in documents you've never before reviewed as a group. Not only are the new databases more effective, but the costs of supercharging them are often offset by savings from avoiding the ongoing costs of the legacy databases.
Recent Trends in Punitive Damages Awards
February 24, 2005
The Supreme Court's decision in <i>State Farm Mutual Automobile Insurance Co. v. Campbell</i>, 538 U.S. 408 (2003), addressing punitive damage awards was a culminating moment in a decade of high court jurisprudence reigning in multimillion dollar runaway awards. Following the decision, there was a flurry of activity by the Supreme Court itself, and in many lower courts, to remand, conform, and examine current cases in light of the Court's new guidance. With several exceptions where the compensatory damages are nominal or the conduct is particularly reprehensible, court after court is quoting the high court's language regarding ratios and remanding or reducing awards with double-digit ratios. The reasons vary, but include factors such as whether the plaintiff suffered physical or economic injury, the degree of the defendant's determined reprehensibility, wealth, and the ratio of punitive to compensatory damages. In general, the most successful strategies used by defendants to reduce punitive awards are: 1) under the reprehensibility guidepost, to exclude collateral evidence based on an insufficient nexus between the alleged bad conduct and the injury suffered by the plaintiff; and 2) to focus on the ratio between compensatory and punitive damages when it exceeds a single-digit ratio.
Case Notes
February 24, 2005
Highlights of the latest product liability cases from around the country.
Practice Tip: Last Things First ' How Starting with Jury Instructions Can Help Trial Preparations Fall into Place
February 24, 2005
We have all been there. That settlement conference that you think is going to resolve the case does just the opposite. Opposing counsel's parting words are "we'll see what a jury has to say about that." So there you are, a few weeks before trial with a to-do list that has just increased tenfold. Motions <i>in limine</i>, witness lists, exhibit lists, jury questionnaires and trial briefs all need to be prepared in the coming weeks. The facts of your case begin to play over and over again in your mind like a waking dream (or nightmare).
Digital Images: Don't Blink or You Will Miss Them
February 24, 2005
The use of digital cameras to create and preserve images has evolved from an expensive, often specialized process to a common practice embraced by the general public. As the use of digital photography has become commonplace, so too are digital photographs being increasingly offered as evidence. Courts generally have accepted digital photographs for the same purposes as traditional photographs: to support testimony and sometimes to take its place as "pictorial testimony." Digital photographs, however, are far more easily altered and manipulated than traditional film photographs, and such changes may be more difficult, if not impossible, to detect.
