Product Liability, Bankruptcy and the Proceeds of Legal Action
July 02, 2017
A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?
U.S. Supreme Court Speaks on Discovery Sanctions
July 02, 2017
It is rare for a discovery sanction case to reach the nation's highest court. But on April 18, the U.S. Supreme Court issued its decision in<I> Goodyear Tire & Rubber Co. v. Haeger</I>, reversing a $2.7 million sanctions award that had been rendered by an Arizona district court and affirmed by a divided Ninth Circuit panel.
Forensic Accounting: When Do You Need It?
July 02, 2017
Most matrimonial attorneys have heard a client, typically the "out-spouse" in a marriage with a business interest, say, "The books are cooked," or "Personal expenses are being paid by the business," or "The accounting records are fiction." Failing to probe these issues may cost your client a lot of money when the asset division takes place, and may leave him or her dissatisfied with your representation.
Product Liability, Bankruptcy and the Proceeds of Legal Action
July 02, 2017
When does a cause of action accrue for an injury caused by an implanted medical device? This is a question that usually comes up when determining whether an allegedly injured plaintiff has brought his or her lawsuit in a timely enough manner to keep the claim from being thrown out on statute of limitations grounds. But if the case has been settled, or tried to a verdict that is not appealed, aren't we done with this question? Not necessarily.
Case Notes
July 02, 2017
Gun manufacturers Remington and Bushmaster have asked the Connecticut Supreme Court to throw out the case brought against them by the families of the victims of the 2012 Sandy Hook Elementary School massacre.
Drug & Device News
July 02, 2017
News about a new drug for ALS, and pelvic mesh litigation.
5 Legal Consequences of Diving 'All In' on Social Media
July 01, 2017
<b><i>Companies and Lawyers Should Begin to Learn the Laws of Individual Platforms Before Trying to Apply National and Local Legal Concepts</b></i><p>Since the possibilities offered by social networks and their reach on consumers are unquestionable, companies must remember that important legal consequences exist between an online presence on social media and on a proprietary website. We look at a few key consequences of going "all in" with social platforms below.
Asserting Damages for Data Piracy Under the CFAA
July 01, 2017
When a database is breached in one way or another, the results can be devastating. Many companies suffering this kind of loss turn to litigation, often under the Computer Fraud and Abuse Act, which prohibits improperly accessing a protected computer. There is, however, a growing consensus in the Second Circuit that recovery of certain forms of damages under the CFAA simply is not permitted.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
July 01, 2017
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Do Your Employment Practices Violate Antitrust Law? They Might!
July 01, 2017
Did you know that certain employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) Antitrust Division
