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

Case Notes
August 02, 2015
Discussion of a recent ruling from Massachusetts.
The Difference in Due Diligence for Franchisors
August 02, 2015
In any business purchase, investment, merger or acquisition, several threshold questions come to mind. What assets are being acquired? Where is the value in the target company? What liabilities are being acquired? How should these be valued for pricing and future growth? What will the acquirer do with the target company? How far can management take the new target?
Extreme Sports Challenge the Courts
August 02, 2015
As more Americans become involved in hazardous recreation, the number of personal injuries is also rising ' especially among minors. With injuries comes litigation, of course, and the popularity of extreme sports raises challenging questions of liability.
Information Sharing Between Insurers and Policyholders When Claim Uncertainty Exists
July 02, 2015
Once a policyholder tenders a claim, an insurer is likely to request information and documentation from that policyholder about the underlying event, circumstance, occurrence or claim. The insured, however, may have legitimate concerns that sharing such information could result in the inadvertent waiver of evidentiary privileges and protections as to the insurer and third parties, or an adverse coverage determination.
When a Factor Has Not Approved Orders
July 02, 2015
Even though a seller's reclamation rights may find their underpinnings in the common law and in the UCC, there are strict limitations on the seller's reclamation rights under the Bankruptcy Code.
Class III Medical Device Product Liability Claims Under <i>Twombly</i> and <i>Iqbal</i>
July 02, 2015
It is well founded that the pleading standard set forth in <i>Twombly</i> and <i>Iqbal</i> applies to claims involving Class III medical devices. In these actions, however, federal courts have taken different approaches to the application of the two rulings.
Case Notes
July 02, 2015
In-depth analysis of two important rulings.
Does the CFPB's New Integrated Disclosure Rule Preempt New York State Law?
July 02, 2015
The Consumer Financial Protection Bureau's (CFPB) new "Integrated Disclosure Rule" ' currently scheduled to take effect on Oct. 1, 2015 ' redesigns the disclosures that are provided under the Federal Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) in connection with certain residential mortgage transactions.
e-Discovery In An Information Governance World
July 02, 2015
Electronic discovery experts continue to put an emphasis on recognizing e-discovery as part of a complete information governance (IG) solution. Yet, despite its ubiquity, many professionals who have a solid grounding in electronic discovery struggle to understand how it falls into the broader world of information governance.
<i>Sargon</i> Update: Reforming the CA Standard for Expert Testimony
July 02, 2015
<I>Sargon Enterprises, Inc. v. University of Southern California</I> has been touted as a "game-changer" in California jurisprudence. It was to be a decision ushering in <I>Daubert</I> "gatekeeper" functions, to protect juries against junk science experts. Many California trial courts are now regularly flexing their <I>Sargon</I>-empowered discretion, and scrutiny of expert evidence has become part of California law.

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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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