<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.
In New York: A Recent Decision On Continuous Treatment
July 02, 2015
The statute of limitations applicable to medical malpractice cases in New York is one of the most unjust in the country. It can, and too often does, expire before victims have even the ability to know that they have been injured. That is because, other than foreign objects left in a patient's body, New York does not have a rule that the statute begins to run at the time the patient discovers, or reasonably should discover, that he or she suffered injury as a result of malpractice. Almost all other jurisdictions have such a rule, and its absence in New York has had harsh consequences for countless malpractice victims. Efforts to pass legislation to end this injustice have repeatedly come up short.
eBrevia's Smart Technology Mitigates the Diligence Bottleneck
July 02, 2015
Due diligence is an integral and essential part of corporate transactions, yet for lawyers and their clients, it can be a painful process. In mergers and acquisitions and other dynamic and time-sensitive transactions, due diligence often becomes a bottleneck that slows down deals, a frustration to attorneys and their clients alike.
Does the 'Best Interests' Test Protect the Tardy?
July 02, 2015
While Chapter 11 is generally known as the reorganization chapter of the Bankruptcy Code, more recently, it has been used as a vehicle to manage the orderly liquidation of business entities through plans of liquidation. Whether such liquidations follow sales of a debtor's assets under ' 363 or monetization of assets of a debtor over time, the liquidating plan often provides for payments to the creditor body that generally follow the priority of distribution set forth in ' 726.
Med Mal News
July 02, 2015
In-depth discussion of a case in which a court must decide if a particular med mal policy will survive a doctor's fraud.
Keeping Government Environmental Investigations Civil
July 02, 2015
The threat of criminal environmental prosecutions is real. Most federal and state environmental statutes provide for criminal prosecution in appropriate circumstances, often for knowing violations of environmental law, but sometimes even on a negligence or strict liability basis. Here's what you need to know.
Digital Ubiquity and the Fourth Amendment
July 02, 2015
Pick up pretty much any 21st century smart phone, tablet or PC, and in minutes, a treasure trove of information about its owner can be uncovered. Missives to a significant other, photos from summer vacation, browsing history that spans years; all of this information, generally considered of the most intimate nature, is easily accessible with even a rudimentary technical knowledge of the device's operating system. Needless to say, unwanted disclosure of such information can be highly damaging.
Verdicts
July 02, 2015
Analysis of the latest key rulings.
No Direct Infringement Unless A 'Single Entity' Performs Each and Every Method Step
July 02, 2015
In <i>Akamai Technologies,</i> the Federal Circuit ruled that there is no direct infringement unless a "single entity" performs each and every step of the claimed method. Therefore, it found no direct infringement because Limelight and its customers were not part of a single entity and the customers were performing the missing step for their own benefit, not Limelight's.
