IP News
November 01, 2003
Highlights of the latest intellectual property news and cases from around the country.
Fact or Fiction: Trial Counsel Should Author Patent Opinions
November 01, 2003
When patent issues arise, clients often need both trial counsel and opinions of counsel. Opinions are primarily needed for: 1) advice on how to avoid infringement; 2) assessment of liability risks and potential outcomes of infringement lawsuits; and 3) protection against a finding that any infringement was willful. Trial counsel are needed when a patent infringement suit is threatened, imminent, or instituted. This article discusses the advantages of employing the same attorney or law firm as both opinion counsel and trial counsel. It explains why disqualification of counsel is not as much of a concern as some commentators emphasize. Finally, it analyzes the issues surrounding attorney-client privilege and work-product protection and concludes that the dangers are minimal with experienced trial counsel.
E-mail and Records Management in the Legal Environment
November 01, 2003
Law firms have historically recognized the need to keep all legal matters in some kind of permanent file. Therefore, the position of "record manager" is well known. However, the definition of a "record" has expanded in scope to encompass all computer-generated documents. Importantly, that now includes e-mail and e-mail attachments. This article will explore the differences between records and documents, the unique challenge e-mail represents and issues to be aware of when setting up a cutting edge records management system.
Viewpoint: Class Actions, Reform, and the Impact on Franchisors
November 01, 2003
Since the 1960s, consumer advocates have used the tool of the class action to shepherd and win redress for those who have relatively small claims, but don't have the practical means to pursue their own individual lawsuits. The honorable intention is to notify and help vulnerable or unsophisticated plaintiffs who may not even realize they have been swindled. Class actions have won significant refunds for HMO customers, credit card and utility customers, and, of course, aided victims negligently exposed to toxic substances.
Case Briefs
November 01, 2003
Highlights of the latest insurance cases from around the country.
Case Notes
November 01, 2003
Highlights of the latest product liability cases from around the country.
Psychological Disorders: Understanding the Criteria for Admissibility of Expert Opinion
November 01, 2003
Psychologists, psychiatrists, and licensed social workers routinely testify as experts in both criminal and civil cases in which the mental condition of an individual is at issue. While the credentials and qualifications of such experts may not always be subject to challenge, the reliability and relevance of their proffered testimony should be examined closely. Regardless of the conclusion generated, the inquiry into a mental health professional's opinion must be one that looks to the principles and methods used, not the ultimate conclusion reached. <i>Daubert v. Merrill Dow Pharmaceuticals, Inc.,</i> 509 U.S. 579, 595 (1993).
