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We found 2,760 results for "Product Liability Law & Strategy"...

Presto Change-Oops: Unexpected Challenges in Converting a Lease into an Equipment Finance Agreement
April 29, 2013
As many practitioners have found, taking a client's standard-form equipment lease and creating an equipment finance agreement is more complicated than it appears.
Insurance Coverage for Cyber Attacks
April 29, 2013
Companies should carefully examine their insurance programs, evaluate what coverage already may be available, and see what may be done to enhance the available coverage. To the extent that there may be gaps in available coverage, companies should consider how those gaps can be filled, including through specialty "cyber" risk policies.
Case Notes
April 29, 2013
Analysis of two key rulings.
Practice Tip: How to Mediate a Product Liability Case
April 29, 2013
Mediation is a common feature of product liability practice. If done well, it earns you favor with your clients. But before entering into mediation, preparation is crucial.
I'll See You in the Agency!
April 29, 2013
This article briefly explores the underpinnings of the primary jurisdiction doctrine, highlights its use in product cases in 2012 and 2013, and considers the role primary jurisdiction may play in future consumer class action litigation and beyond.
Coverage for 'Diminution in Value' in Commercial Property Insurance Policies
April 29, 2013
Few courts have considered the issue of whether post-repair diminution in value damages are recoverable under a commercial property policy.
Evidence-Based Medicine in the Courtroom
April 29, 2013
The time has come for medical malpractice expert causation testimony to fall in line with that employed in toxic tort cases, rightfully valuing proven scientific conclusions over experience-based expert opinion.
The Federal Prosecutor As Regulator
April 26, 2013
In the heavily regulated health care sector, the line between human error and a knowing "false claim" can be indistinct, aided and abetted by prosecutors' reliance on the FCA-defined concepts of "reckless disregard" and "deliberate ignorance" as proxies for proof of actual knowledge.
Litigating Complex Environmental Cases
April 26, 2013
In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.
Practice Tip: Protecting Your Verdict
March 29, 2013
This article focuses on some of the challenges presented by the rise of technology and social media, and describes some measures for avoiding the most prevalent forms of juror misconduct.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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