How to Obtain Social Media Data for Defending Lawsuits
May 02, 2015
It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data. Armed with information, the informed attorney may well reap huge rewards when engaging in digital discovery.
Rise or Demise of Take-Home Asbestos Exposure Claims?
May 02, 2015
The introduction of secondary or "take-home" exposure claims has extended asbestos litigation to a new generation of potential plaintiffs and has premises and manufacturing defendants reeling over the concept that duty of care may now extend to unknown persons who have never stepped foot on a worksite or used an asbestos-containing product.
In Pennsylvania: Product-Liability Law Post-<i>Tincher</i>
May 02, 2015
In announcing its long-awaited decision in <I>Tincher v. Omega Flex</I>, 2014, the PA state supreme court ruled that Pennsylvania's 40-year-old case law should be reformulated. Unfortunately, the court's effort may not have succeeded in bringing clarity and a universally workable definition of product defect to the state.
Disputes over Insurance Coverage for Alleged TCPA Violations
May 02, 2015
During the past several years, there has been an increase in the number of lawsuits that allege violations of the Telephone Consumer Protection Act ("TCPA"), and a corresponding increase in the number of coverage disputes over TCPA liabilities.
Avoid Drowning in Data
May 02, 2015
In the era of almost daily news accounts of data security breaches, the legal and business imperative for data and data system protection needs no explanation. What is less apparent, however, is exactly how to properly manage information and its privacy and security. This article suggests an approach for how to design and run a program that is right for your company.
Connecting the Legal and Tax Departments
May 02, 2015
Now that the personal tax return deadline has passed, it might be a good time to consider your company's tax needs. Counsel at a Fortune 500 company recently told a colleague of ours that all of their tax matters are handled entirely outside of the legal department. This arrangement is not good. Corporate counsel and accountants must work together to bring the full measure of the company's resources to bear on tax-related issues.
Custom-and-Practice Evidence: Exclusion from the Medical Malpractice Case
May 02, 2015
The admission of evidence of a health care provider's customary practices to prove that he or she acted in accordance therewith in a specified plaintiff's case is not necessarily guaranteed. Last month, in Part One, we began looking at how New York's courts have handled the issue of admissibility when such evidence was offered. We conclude that discussion here.
Battling Grey Goods? Advantages of ITC Now Writ in Black and White
May 02, 2015
Customers in the United States often pay more for valued branded goods than buyers of the same goods in less well-developed economies. Higher prices here in the U.S. in turn support profits and shareholder value for manufacturers of branded goods, and strengthen domestic industry.Yet this pricing disparity for the same products in different markets creates an incentive for the so-called grey market.
Federal Judge Rules On Post-<i>Tincher</i> Product Liability
May 02, 2015
In one of the first federal opinions to address the Pennsylvania Supreme Court's November decision that retooled product liability law in the state, the judge decided to send the claims for negligence and strict product liability to trial.
