Finding the Right Outside Counsel for Your Firm
In today's challenging, competitive business environment, finding qualified outside counsel with the right fee structures is a top priority for corporate counsel. This article outlines some practical guidance to help corporate counsel achieve this goal.
Do <b><I>Daubert</I></b> Motions Really Work?
<b><I>Part One of a Three-Part Article</I></b><p>More than 20 years into the Daubert era, a surprising number of litigators still have doubts and disagreements about the effectiveness of motions <I>in limine</I> challenging the admissibility of federal court opinion testimony under Federal Rules of Evidence (FRE) 702. Among the concerns commonly expressed by the trial bar is the perception that so-called <I>Daubert</I> motions are a long shot at best, often not worth the time and effort.
Case Notes
On April 6, Florida's Supreme Court announced that a lawsuit against R.J. Reynolds Tobacco Co. may go forward, rejecting the cigarette manufacturer's argument that federal preemption foreclosed the right of an injured smoker and his representatives to bring state-law tort claims against it for marketing cigarettes.
Looking to Expand Into Mass Torts?
Mass torts are a strong way for trial lawyers to check Big Pharma's unfettered safety violations. However, it is not a practice area without dangers; and like so many other dangers, they are often hidden.
Defamation and the Disgruntled Defendant
<b><I>Part One of a Two-Part Article </I></b><p>it is no wonder that those who find themselves on the receiving end of a product liability lawsuit and its attendant bad publicity sometimes fight back. So it was in 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.
<b><i>Daubert</i></b> Motions Really Do Work
<Part Two of a Two-Part Article</I></b>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes with four more.
What 'Originalist' Viewpoints May Mean for Patent Law
The landscape for patent law has changed more quickly over the last five years than it had in preceding decades. Recent cases have profoundly changed the way courts and the USPTO treat patents and patent applications. The U.S. Supreme Court will have ample opportunity, if it chooses, to revisit the issues that have been raised by these cases over the next few terms.
IP News
District Court's Decision Retroactively Excusing Failure to Mark Patented Products Vacated By Federal Circuit<br>Federal Circuit Affirms PTAB's Unpatentability Findings Made In an IPR Proceeding Despite Prior Judicial Opinions Upholding Validity
