The Internet of (Legal) Things
January 31, 2015
Welcome to the "Internet of Things" (IoT) ' the Web of embedded computing devices that interact with our everyday lives. Like any technology revolution, those devices have no interest in waiting for the legal world to catch up. As a result, if a General Counsel's wearable device measuring nighttime biorhythms does not keep her awake at night, the prospect of billions of devices sensing everything about her customers and employees during an era of cyber insecurity probably will.
<b><i>Practice Tip:</i></b> Did the Affordable Care Act End the Collateral Source Rule?
January 31, 2015
The Affordable Care Act has the potential to change dramatically many aspects of America's healthcare system, including access to medical care, insurance coverage for medical expenses, and the actual costs of care. As a side effect, there is a growing belief that the passage of the Affordable Care Act could signal the end of the collateral source rule.
Top 10 International Employment Law Issues
January 31, 2015
This article compiles and describes, with varying degrees of specificity, what appear, to this author, to be the top 10 global employment law issues facing employers in 2015. They are listed in reverse order.
'Unreliable ' Articles, 'Trial by Literature ' Revisited
January 31, 2015
The reliance upon, and use of, unreliable hearsay literature by expert testifiers is a challenging topic that cuts across the spectrum of complex litigation. Often, the literature is comprised of technical or scientific articles published in some journal with a claim that the published work product has been "peer reviewed." The problems seem to have exacerbated.
Ethics and Obligations Regarding Global Big Data
January 31, 2015
It is a basic tenet of professional responsibility that lawyers obtain sufficient proficiency to ensure competent representation of their clients. The challenge in today's world of Big Data and corporate globalization and outsourcing of IT infrastructure is that the level of technological proficiency required is not always clear. Understanding your obligations and establishing defensible processes will be necessary to fully demonstrate competence in discovery should an issue arise.
When Forensic Neuropsychiatric Expertise Is Indicated, Early Retention Is Best
January 31, 2015
Many defense lawyers and in-house corporate supervisors make the mistake of waiting until a case is on the eve of trial before retaining the requisite expert witnesses, With no category of expert witnesses is this need to retain one's own expert early more true than with a forensic neuropsychiatrist.
When Your Data Goes Viral: Insurance for Data Breaches
December 31, 2014
This article explains the traditional insurance products that may provide a policyholder with insurance coverage for data breaches, and some of the newer products available to policyholders for these risks.
Internet Changes Medication Sales Regulations
December 31, 2014
Internet use has changed the way medication purchases are regulated, due in part to patients' free access to information related to pharmaceutical products and medical care. Consequently, pharmaceutical manufacturers sponsor Internet links to promote direct-to-consumer (DTC) advertising via the Internet, with sales sites one click away.
When Your Data Goes Viral: Insurance for Data Breaches
December 31, 2014
Data breaches are part of the technological age. Indeed, 2013 was dubbed the year of the "mega breach," and in 2014, as of October, there had been 621 publicly reported data breaches, exposing 77,890,487 records. In early October 2014, JPMorgan Chase reported a data breach affecting as many as 76 million households and 7 million small businesses, making it one of the largest data breaches ever reported.
Sequenced Discovery in Mass Tort Litigation
December 31, 2014
This article focuses on sequenced discovery ' an underutilized tool that permits courts to focus initial discovery on general causation. Sequenced discovery front-loads the issue of general causation and prevents plaintiffs from dragging out litigation without having been put to the test of proving that the product at issue can cause the alleged injury.
