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.
Strategic Licensing Leveraging Technology Through Alliances
It takes more than great technology to make a successful product. In an era marked by short product cycles, technical interdependence of products, fluid industry standards and globalization of markets, few companies can field all the resources needed to exploit the full potential of a new invention before it becomes obsolete. Strategic alliances have become the preferred way for emerging technology companies to assemble these resources and to close the gap between promising prototype and popular product. <br>Intellectual property licensing is at the heart of most technology-based alliances. This article discusses the key legal and conceptual tools available in the licensing context, and how they can be used in an alliance to amplify the value of a new technology.
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.
Technology Transfer As A Contact Sport
Technology transfer is often characterized as a "contact sport." Technology transfer practitioners from industry, universities, and intellectual asset management professional service providers understand the importance of their personal networks and their ability to reach out ' on a personal level ' to those with whom they need to work. Moreover, technology transfer is a contact sport because the capture of the economic value of IP and the transfer of financial risk are both dependent on the negotiation skills of the individual practitioners.
Using IP Dispute Procedures to Combat Net Fraud
Internet fraud is becoming one of the most common and lucrative forms of crime in today's information-based economy. As the Internet has grown, so too have incidences of its misuse. How can intellectual property rights help fight this growing menace?
The 'New Normal': SARS Liability Implications
Without disease and illness, there would be no need for life science companies or the products that they develop. Some modern maladies and ailments present more challenges than opportunities for biotech and medical device firms. Severe Acute Respiratory Syndrome (SARS) and comparable pathogens present medical device and life science manufacturers with new and daunting risks. One such peril lies in the realm of product liability.
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