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

Preparing for a Data Breach with Cyber Insurance
December 31, 2015
Data breaches continue to escalate and garner national attention. The most recent news-making incident was the hack of electronic toy maker, VTech.
<i>Triple Play</i> Status Update: Firings for Employees' Facebook Activity Unlawful
December 31, 2015
On Oct. 21, 2015, the United States Court of Appeals for the Second Circuit affirmed a 2014 decision by the NLRB overturning the terminations of two employees who had complained about their employer on Facebook. Here's a look at that decision.
General Jurisdiction After <i>Daimler AG v. Bauman</i>
December 31, 2015
The Supreme Court's recent decision in <I>Daimler AG v. Bauman</I> announced a sweeping change to the law of personal jurisdiction. The Court held that a corporate defendant is subject to general personal jurisdiction only where the corporation may fairly be "regarded as at home."
Hello, Kitty! Can You Smell That Smell? It's a Covered Loss!
December 31, 2015
The NH Supreme Court's recent decision in <I>Mellin v. N. Sec. Ins. Co.</I> is getting some attention, and not just because it's fun to talk about cat pee. The case sets a very important precedent regarding the definition of the term "physical loss" and the construction of pollution exclusions in NH property insurance policies.
Litigating Effectively in a Contentious Environment
December 31, 2015
Frivolous lawsuits. Sneaky discovery decisions. Unreasonable motion practice. "Rambo" litigators. If you are a defense attorney, you likely encounter one or more of these abusive litigation tactics on a monthly ' if not a weekly ' basis. How can they be addressed?
Investigations in Developing Countries
December 31, 2015
Conducting an internal investigation into questionable company conduct is universally a stressful experience. Imagine having to handle all that in a remote location, thousands of miles and multiple time zones away, in a developing part of the world with logistical and infrastructure challenges, and with cultural, political and legal systems that differ markedly from those in the United States.
<b><i>Practice Tip:</i></b> Cross-Examination Using Learned Treatises
December 31, 2015
Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed.
The Rise of No-Injury Class Actions
November 30, 2015
We all know that for a product liability plaintiff to have standing to sue, he must demonstrate both that he suffered some form of compensable harm and that the harm was caused by the defendant's product. But what if that plaintiff is an unnamed member of a class action?
<b><i>Practice Tip:</i></b> Insurance Issues in M&A Transactions
November 30, 2015
Product liability insurance is one of the few coverages that is written on either an occurrence or claims-made basis, depending on the extent of the insured's risk and financial ability to pay the premium. This article explores some of the 'insurance issues arising out of M&amp;A transactions.
'Consent to Assignment' Clauses Held 'Unenforceable by CA Court
November 30, 2015
Whether a policy's anti-assignment clause will void a transfer of insurance proceeds or coverage rights, by contract or operation of law, usually requires an analysis of whether the predecessor corporation is an insured under the policy; whether the predecessor corporation still exists; whether the successor corporation succeeded to the predecessor's liabilities; and more.

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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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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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