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We found 2,770 results for "Product Liability Law & Strategy"...

Ascertaining Potential Plaintiffs
November 30, 2015
Up until now, before a purported "purchaser" may join a class action targeting a product, the potential class member must make a showing that (s)he actually purchased the product and was potentially damaged by the alleged wrong. A recent Seventh Circuit decision, however, provides a decisive counterpoint to decisions in the Third and Eleventh Circuits.
Working Capital Adjustments
November 30, 2015
Working capital adjustments are often some of the most highly negotiated provisions in a private company mergers and acquisitions (M&A) transaction agreement. The provisions are complex and involve a blend of legal and accounting concepts and standards and can have an immediate impact. It is essential to understand the nuances to avoid traps for the unwary.
Dangers of Relying on a Single-Period Capitalization Mode
November 30, 2015
The biggest danger to matrimonial attorneys is that the valuation professional will only give this single-period model as the sole support for the opinion, seemingly ignoring other market evidence and asset/liability components. If this is the situation, the matrimonial attorney should understand how to attack the opposing expert, or seek support of his/her expert in a hearing to rehabilitate the expert following a cross-examination scrutiny.
Prioritizing e-Mail Security in the Legal Sector
November 30, 2015
Data breaches and cyberattacks aren't new occurrences, but it can sometimes feel like they are. It's only in the last few years that we've seen these attacks make headlines more and more, increasing in both quantity and impact.
Insurance Limited Partnerships As An Alternate Estate Planning Tool
November 30, 2015
Valuation discounts in estate planning has permitted the transfer of assets from one generation to another in an economically efficient manner. Two of the various discount methods claim lack of control (minority interest discount) and lack of marketability. The IRS has traditionally objected to these approaches in intra-family transfers, while Congress has attempted to legislate away these "loopholes" unsuccessfully and the Treasury Department is contemplating new regulations to accomplish this goal.
Internal-Use Software
November 30, 2015
The tax credit for research and development (R&D) of internal-use software under Section 41 of the Internal Revenue Code has been renewed 16 times since its implementation in 1981. The Currently, it has not been extended beyond calendar year 2015.
NJ Supreme Court Decision Defines the Parameters of Acceptable Precedent in Bad-Faith Claims
November 02, 2015
A recent ruling out of New Jersey represented a small but significant step in designating the bounds of permissible precedent under the "fairly debatable" standard, offering a measure of clarity to an area of the law still largely undefined in many 'jurisdictions.
Off-Label Promotion, State-Level Injury Lawsuits and Preemption
November 02, 2015
Recently, the Tenth Circuit found that federal law preempts injury and negligence claims, brought under state law, even if the claims arise out of potential off-label promotion by the device manufacturer.
<b><i>Practice Tip:</i></b> Starting Medical Device Mass Tort Actions
November 02, 2015
A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider.
<b><i>Counsel Concerns</b></i>50 Cent Sues Lawyers Over Headphones Debacle
November 02, 2015
Rapper 50 Cent is suing his former lawyers for $75 million, accusing them of malpractice and not adequately representing him in business matters, including an intellectual property case involving his line of headphones.

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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations &mdash; keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization &mdash; such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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