Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2017, including amendments to Delaware's corporation and LLC laws.
Big Data, Web 'Scraping' and Competition Law
<b><i>The Debate Continues</i></b><p>Web "scraping" is one method of accumulating data that has sparked recent legal debate, both antitrust and otherwise. Legal challenges to Web scraping have involved privacy claims and claims under the federal Computer Fraud and Abuse Act, in addition to antitrust claims about the need to collect public data to be able to compete freely.
Challenges to the Admissibility of Evidence in the 'Omics' Era
Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.
Developing Brownfields
This article examines some of the key aspects of desirability and viability that are working together to make Brownfield redevelopment increasingly attractive in today's real estate market.
New Sources of Discoverable Evidence
<b><I>Part One of a Two-Part Article</I></b><p>Personal assistants, fitness trackers, and automotive black boxes are among the devices whose data and metadata may have big impact in legal cases. Here's why.
Defamation and the Disgruntled Defendant
<b><I>Part One of a Two-Part Article</I></b><p>Analysis of a recent case in which a company, publicly accused by a plaintiff's lawyers of using non-FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The decision in the appeal offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.
Third-Party Litigation Funding
Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. According to the authors, general counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.
Case Notes
A look at a situation in which, because the drug-manufacturing defendants seeking federal retention of a case removed from state court were unable to prove the four elements of the U.S. Supreme Court's <I>Gunn</I> test for federal-question jurisdiction, the case was remanded back to state court.
Drug & Device News
Discussion of cases involving opioid addiction and medical marijuana in the workplace.