Judicial Scrutiny of 'Other Insurance' Clauses
January 24, 2014
In this article, the authors contrast the so-called minority approach to differing "other insurance" clauses with the approach generally described as the majority rule.
Moving the Sales Process Along (Frank Mims V.)
January 10, 2014
Don't you just hate it when you know you have done everything correctly in the selling process and the customer is stalling? When the process is stalled several things are occurring with the prospect and with you.
Is Your Firm GPS-Less?
January 07, 2014
To avoid random acts of marketing and senseless spending, law firms, large and small, should develop and implement a solid marketing plan and budget as essential business planning tools -- a map to assure they arrive at their desired destination of profitable clients and a healthy practice.
Is Your Firm GPS-Less?
January 07, 2014
To avoid random acts of marketing and senseless spending, law firms, large and small, should develop and implement a solid marketing plan and budget as essential business planning tools -- a map to assure they arrive at their desired destination of profitable clients and a healthy practice.
Relearning the Learned Intermediary Doctrine
December 31, 2013
In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product. However, in the context of prescription drug cases, courts have recognized that the prescribing doctors, and not their patients, are in the best position to weigh the risks and benefits of a given drug for a particular patient.
FTC Seeks New Privacy Authority
December 31, 2013
The FTC is about to turn 100, and agency leaders have some gift suggestions for Congress ' new privacy legislation plus a statutory change that would position the FTC as the net neutrality cop.
<i>LifeScan v. Shasta Tech </i>
December 31, 2013
The Federal Circuit panel discussed patent exhaustion in light of product claims, citing precedent where "the Supreme Court [has] repeatedly held, in addressing device patents, that the sale of a patented device exhausted the patent-holder's right to exclude, and that an infringement suit would not lie with respect to the subsequent sale or use of the device."
Will Fracking Become the Next Mass Tort?
December 31, 2013
Opponents of fracking have presented some concerns about potential health effects from fracking and its byproducts. Whether those health concerns are legitimate and who would be responsible for adverse health effects is of interest to the plaintiffs' bar.
Dancing on the Cliff Edge
December 31, 2013
In the last five years, we have heard increasing chatter about the failed business model of law firms, new technology that is erasing the need for lawyers and other information interpreters, and enhanced cognitive systems that mine and interpret data. Let's look at some examples of trends that are leading the way.
Updated Guidelines For Forensic Psychologists
December 31, 2013
A year ago this month, the American Psychological Association (APA) published a revised and updated set of guidelines for the practice of forensic psychology. This document represents a substantial and long-awaited improvement over the prior set of guidelines, especially with respect to its breadth and clarity.
