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We found 2,772 results for "Product Liability Law & Strategy"...

Protecting Counsel Privilege in a Post-Yates Memo World
December 01, 2016
In last month's newsletter, the authors put forward the proposition that attorney-client privilege issues, which can arise during internal investigations, have become even more complicated following the issuance of the Department of Justice's (DOJ) "Yates Memorandum." They continue their discussion herein.
Will Ascertainability Split Finally Be Resolved?
December 01, 2016
Despite requests for change, the Judicial Conference Advisory Committee on Civil Rules declined to include ascertainability in its proposed changes to Rule 23. In addition, the U.S. Supreme Court recently rejected two petitions for certiorari earlier this year that would have addressed ascertainability.
The Bermuda Form
December 01, 2016
<b><i>Declaring an Integrated Occurrence (or Not)</b></i><p>Many Fortune 500 companies' product liability insurance programs use the Bermuda Form to insure alleged bodily injury and property damage. The Bermuda Form has many characteristics distinct from standard commercial general liability (CGL) policies. Knowing its intricacies is essential for any coverage lawyer involved in large-scale coverage analysis and disputes.
<i>Professional Development</i><br>Survey: Today's Am Law Chief Marketing Officer
December 01, 2016
<i><b>Dramatic Change Defines the Position</i></b><p> Perhaps no non-practicing lawyer position has changed as dramatically as that of the leading marketing professional, which bears no resemblance to the position in the 1990s. Twenty-five years ago, law firm marketing executives were asked to put together brochures and prepare seating charts for client and partner functions. It's a different world today.
Duty to Warn and Third-Party Conduct: A Look at Two Recent New York Cases
November 01, 2016
In the past year, New York's highest court, the Court of Appeals, issued two decisions addressing both the scope of a defendant's duty to warn in negligence and products liability actions, and the scope of tort liability in actions predicated upon third-party conduct.
Optional Safety Equipment
November 01, 2016
<b><i>Part Two of a Two-Part Article</b></i><p><p>In last month's newsletter, the author began a discussion of the manufacturer practice of making increased safety features available to purchasers — but only for a price. The discussion concludes herein.
Introducing the Cybersecurity Reference Model
November 01, 2016
When EDRM and CSRM Collide, Much Is Illuminated About the Hiring Trends in Both e-Discovery and Cybersecurity
Protecting Counsel Privilege in a Post-Yates Memo World
November 01, 2016
<b><i>Part One of a Two-Part Article</b></i><p><p>While the Yates Memo makes no formal changes to the DOJ's position on privilege with respect to cooperation credit for businesses, its practical implications could be far-reaching.
Drug & Device News
November 01, 2016
Pelvic Mesh Defense Verdict Thrown Out
Ninth Circuit Examines Copyright Liability Merch Photos Case
November 01, 2016
When, as is often the case, actual copyright damages are difficult to prove, statutory damages may provide the best option for recovery. Recently, in <i>Friedman v. Live Nation Merchandise</i>, the U.S. Court of Appeals for the Ninth Circuit considered, among other things, two issues greatly affecting the amount of statutory copyright damages: 1) willfulness; and 2) the number of separate awards available for downstream infringements.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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