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We found 2,760 results for "Product Liability Law & Strategy"...

'Consent to Assignment' Clauses Held Unenforceable
June 01, 2016
After a loss, an insurance policy's consent-to-assignment clause is unenforceable. In fact, California, which had until recently been in the minority on this issue, now has corrected course.
Case Notes
June 01, 2016
Analysis and discussion of three pivotal rulings.
New York's Additional Insured Form Endorsement
June 01, 2016
Now, more than ever, lawyers drafting or reviewing contracts providing for additional insured liability coverage must closely review the underlying insurance policies providing such coverage.
In Bankruptcy, Who Is Left Holding the Bag for Latent Damage Claims?
June 01, 2016
Increasingly, true reorganizations under Chapter 11 are the exception, not the rule, as corporate debtors utilize bankruptcy sales to maximize asset value and pay creditors. This trend blurs the line between reorganizations and liquidations.
In-House Counsel: Protecting the Privilege in a Post-Yates Memorandum World
June 01, 2016
Internal investigations have always posed vexing issues. In-house counsel need to make difficult decisions on matters such as scope and purpose of the investigation, who will conduct the investigation, how costs will be controlled, and the work product that they will generate.
Cyber Security Challenges and Potential Uninsured Exposures
June 01, 2016
This article provides a broad overview of cyber security challenges, and the insurance coverage (or lack thereof) for the financial impact of those cyber security challenges.
Benefits and Risks of the Internet of Things
June 01, 2016
The buzz phrase "Internet of Things" is seemingly everywhere. What is it, what can it do for us, and what concerns does it present? More specifically, while the Internet of Things (IoT) presents tremendous opportunities for businesses, are there corresponding risks, or elements of the IoT that businesses should consider staying away from?
The Famous Dr. DeBakey and His Two Controversial Practices
June 01, 2016
As we noted last month, cardiac surgeon Michael DeBakey performed "overlapping surgeries," in which he moved from one operating room to another; and 2) He filmed many, if not all, of his procedures. Both of these practices have potential to impact the outcome of a medical malpractice claim.
Patent Venue Rule Remains the Same ' For Now
June 01, 2016
Outside of the patent litigation world, most people have probably never heard of Marshall, TX. However, patent litigants often find themselves defending patent infringement suits in Marshall and other remote locations, even though the litigant has virtually no connection to that jurisdiction.
The Famous Dr. DeBakey and His Two Controversial Practices
May 01, 2016
Recently, there has been a great deal of press, as well as litigation, involving two things: so-called "overlapping surgery," and requests by patients to record their encounters with their physicians and with their surgical procedures. Many years ago, a world-famous cardiac surgeon, at least anecdotally, did both things.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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