Developing Brownfields
October 02, 2017
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
October 02, 2017
<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
October 02, 2017
<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
October 02, 2017
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
October 02, 2017
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
October 02, 2017
Discussion of cases involving opioid addiction and medical marijuana in the workplace.
Vendor Contracting for Privacy and Security
September 02, 2017
In an effort to continue to capture ongoing and new business, vendors may be opening themselves up to liability due to poorly drafted contracts with companies. In addition, in a rush by companies to have data shifted to the cloud, privacy concerns may be dangerously minimized.
Challenges to the Admissibility of Evidence in the 'Omics' Era
September 02, 2017
Even though the technology is cutting edge, the admissibility of expert testimony regarding genetic testing is subject to age-old rules. This article reviews some recent decisions regarding genomics, and provides practice pointers for litigators involved in these types of proceedings.
Medical Marijuana
September 02, 2017
<b><I>Accommodating Employees Who Use It</I></b><p>Here is the latest tip for employers: Do not be too quick to "just say no" to medical marijuana. The "it's a federal crime" escape hatch employers invoked previously has been closed by more and more courts in states with medical marijuana laws.
