Reevaluating the Insurability of Punitive Damages Awards
March 29, 2013
Too often, policyholders and their counsel accept on faith that their insurance does not cover punitive damages as a matter of public policy. In many jurisdictions, however, there is coverage for all punitive damages, while others allow coverage of punitive damages under certain circumstances.
Evidence-Based Medicine in Medical Malpractice Litigation
March 29, 2013
The evolution of evidence-based medicine should cast doubt upon advocacy that masquerades as science, and put courts in the position of deciding when science should prevail.
Five Steps to Building Your Medical Malpractice Risk 'Crash Cart'
March 29, 2013
Sometimes, despite best-laid treatment plans, unforeseen and unforeseeable medical complications still arise. Then you need a "crash cart.
BIT PARTS
March 29, 2013
'Actual Notice' Issue Up Next in Victor Willis Termination Rights Litigation<br>Alleged Access Scenarios No Help to Plaintiff in Suit over Tim McGraw Hit<br>California's Retroactive Right of Publicity Doesn't Violate Due Process<br>Copyright Attorney Fees Assessed Against Ed Sullivan Show Owner
Navigating the Rule 26 Expert Disclosure Rules
March 29, 2013
Even a qualified expert with an opinion based on reliable methodology may never reach the jury if counsel fails to be mindful of the highly technical expert disclosure requirements that the federal rules require and courts enforce with little empathy. .
COUNSEL CONCERNSDC Comics Denied Sanctions in Superman Copyright Dispute
March 29, 2013
The U.S. District Court for the Central District of California, although 'deeply troubled' by his behavior, refused to sanction prominent entertainment attorney Marc Toberoff for alleged discovery violations during his lengthy court battle over the rights to Superman.
ROYALTY ROUNDUP Loan-Out Companies; Limitations Defense
March 29, 2013
The 2010 ruling by the U.S. Court of Appeals for the Ninth Circuit that artists can be entitled, under their pre-existing recording agreements, to half of record-label income from digital sales has triggered claims involving thousands of artists.Following are three recent developments in this litigation area.
The Scope of Indemnification in DIP Financing Agreements
March 28, 2013
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and examines the effect of pre-petition indemnifications on the bankruptcy estate.
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