Quarterly State Compliance Review
October 02, 2014
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, including amendments to Delaware's corporation and LLC laws.
Product Safety and Recall in the U.S. and EU
October 02, 2014
This article considers the different approaches that lawmakers in the European Union and the United States have taken to ensuring the safety of consumer products put on the market in their jurisdictions.
FRCP Overhaul
October 02, 2014
Some 75 years after the adoption of the Federal Rules of Civil Procedure (FRCP), an overhaul is imminent and it will fundamentally affect product liability litigation practice.
Collecting Social Security Numbers
October 02, 2014
In the first half of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (SSNs). What the affected businesses may not know is that the mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.
Medical Monitoring: A Recent Ruling in New York
October 02, 2014
When a patient takes a medication that does not at first appear to harm him but that could cause later-developing consequences, or when a medical error is made that causes no immediately measurable harm but that could lead to future injury, is a medical monitoring remedy available? The following article discusses one state high court's recent analysis of the issue.
Court Watch
October 02, 2014
Franchisor's Control over System Uniformity Insufficient to Show Vicarious Liability <br>Printed Names Without Signatures Satisfy Requirement That Personal Guaranty Be Signed
Court Praises Predictive Coding, Then Rejects It
October 02, 2014
in <i>Progressive Casualty Ins. v. Delaney,</i> the court sheds light on the reasons why parties have been reluctant to accept predictive coding, the need for cooperation and transparency with one's adversary, the resulting risks of this cooperation, and highlights a key debate over best practices ' whether search terms can be used to first limit the universe of documents before predictive coding is employed.
Practice Tip: Maintaining Privilege with Consultants
October 02, 2014
If you are outside counsel, once you know what legal standards apply to claims of attorney-client privilege between a company's general counsel and outside consultants, the next step is maintaining that privilege.
Failure to Diagnose
September 02, 2014
The "bread and butter" of medical malpractice litigation is the failure to diagnose a case. Failure to diagnose is also, perhaps, the most controversial type of malpractice claim. Here's why.
Avoiding FCPA Liability by Tightening Internal Controls
September 02, 2014
Tightening up internal controls and putting in place an effective compliance program are crucial for lessening or even eliminating FCPA exposure -- and subsequent huge fines. The primary elements of an effective compliance program are discussed in this article.
