Defense Counsel Journal

Third-Party Litigation Funding: State and Federal Disclosure Rules and Case Law

Put Your Best Face Forward: Selecting and Preparing the Corporate Representative

President's Page - Volume 91, Number 3

Donna Lamontagne

Volume 91, No. 3

Editor's Page - Volume 91, Number 3

Peter J. Pizzi

Volume 91, No. 3

Article III Standing to Appeal in Federal Court: What Business Lawyers Need to Know

Robert Brundage

Kimberley Parrish

Volume 91, No. 3

Product Brief: The U.S. Consumer Product Safety Commission

Dana Baiocco

Dwight W. Stone II

Volume 91, No. 3

Canadian Claims for Cancer Risk Rejected in Valsartan and Ranitidine Litigation: A Welcome Development for Manufacturers Doing Business in Canada

Byron Shaw

Volume 91, No. 3

A New Focus for Defense Voir Dire: Safetyism

Jennifer Cuculich

Zandra E. Foley

Jill Leibold, Ph.D.

Zachary Nye

Nick Polavin, Ph.D.

Volume 91, No. 3

Emerging Artificial Intelligence Risk Management Considerations for Law Firms

Mark J. Fucile

Volume 91, No. 3

Plaintiff was Overtreated and Overcharged: Does the Jury Care?

The Defense Wins: Lessons Learned from a Successful Jury Trial Involving a Tractor Trailer Collision and a TBI Claim

Georgia Bad Faith Alert - Holt Demands and The Case of the Missing Comma: “Caution, This Check May Self-Destruct in 90 Days”

New Approach to Defense and Valuation of Future Medical Damages

The Directive (EU) 2020/1828 on Class Actions, Litigation Funding, and the Impacts on International Arbitration

PFAS Ban: France is Showing the Way to the European Union

President's Page - Volume 91, Number 2

Michele Y. Smith

Volume 91, No. 2

Editor's Page - Volume 91, Number 2

Marsha M. Piccone

Volume 91, No. 2

New Federal Rule of Evidence Rule 702: A Circuit-by-Circuit Guide to Overruled "Wayward Caselaw"

IADC

Volume 91, No. 2

A Series (Part III): Tackling the Recent Wave of Challenges to Diversity, Equity, Inclusion and Belonging Efforts

California Appellate Court Finds Principle Limiting Duty to Prevent Bystander Exposure to Worker's Household Members Does Not Apply to Strict Liability Claims

Companies Prefer to Resolve International Commercial Disputes by International Arbitration

Exercise Can Strengthen Your Cultural Competence to Improve Collaborative Performance and Reduce Risk

The Italian Ultimate Beneficial Owners Registry

A Series (Part II): Tackling the Recent Wave of Challenges to Diversity, Equity, Inclusion and Belonging Efforts

The Heat is On! How is the EU Regulation Wave Going to Shape Litigation Within and Outside Europe?

Ontario Court of Appeal Affirms the Need to Establish Actual Harm in Negligence Claims

It’s a Bird, It’s a Plane! No... It’s a Spy Balloon!

A Series: Tackling the Recent Wave of Challenges to Diversity, Equity, Inclusion and Belonging Efforts

Your Chance of Getting Hit by Space Junk Is Extremely Low, But Not Zero! (The Current “Universe” of Space Insurance)

Granting of Authority in a Mexican Corporation and Considerations Regarding Foreign Powers of Attorney to Be Used in Mexico

IADC Amicus Briefs - Volume 91, Number 1

IADC

Volume 91, No. 1

President's Page - Volume 91, Number 1

Michele Y. Smith

Volume 91, No. 1

Editor's Page - Volume 91, Number 1

Marsha M. Piccone

Peter J. Pizzi

Volume 91, No. 1

PFAS in Food Packaging: Product Liability Concerns for Industry Manufacturers and Sellers

Craig T. Liljestrand

Volume 91, No. 1

Privilege Pierced by Ongoing or Future Wrongful Conduct: The Crime-Fraud Privilege Exception is Broader Than You Think

W. Scott O'Connell

Volume 91, No. 1

Third-Party Observation of Independent Medical Examinations

Floyd G. Cottrell

Volume 91, No. 1

The Nuremburg Trials - Viewing the Rule of Law's Response to the Holocaust Through a Trial Lawyer's Lens

Christopher S. Berdy

Volume 91, No. 1

IADC Committee Newsletters - Volume 91, Number 1

IADC

Volume 91, No. 1

Aircraft Ownership Considerations - So You Bought a Plane, Now What?

Liability for Defective Products and the Pharma Industry: What’s New in the EU & France?

Flying Foul Play: Legal Issues Take Flight in Monday Night Football's Drone Incident

Defusing Nuclear Verdicts Prior to Trial

What is the Role of Science in Determining a Causal Link? The Example of Pesticides in French Litigation

Better Late Than Never Does NOT Apply to Carrier Confirmation Sheets: The Simple Rules of Contracting Must Be Followed

Collision Mitigation Systems – With Innovation, Comes Litigation

Take Our Advice: How to Make the Most of the Forthcoming Rule 702 Amendments

How to Make International Commercial Arbitration More Efficient, Speedy, and Less Costly

Legal Ramifications of Emojis: Canadian Courts Give a Thumbs-Up to the Use of Emojis in Contract Interpretation

Ontario Moves to Secure its EV Supply Chain and Automotive Manufacturing Future

The Basics of Intellectual Property Enforcement on Amazon

Nigerian Arbitration Today: Some Developments

Holding the Gate Against Talc Plaintiffs’ Experts: New Jersey Appellate Court Reverses Multi-Hundred-Million Dollar Verdict

California Supreme Court Finds Employers Have No Liability for Take-Home Exposure to COVID

Gregory v. Chohan: Clarifying the Standard of Review for Legal Sufficiency Challenges to Noneconomic Damages Awards or Muddying the Waters?

The Basics of FDA Enforcement Actions

Drafting Employment Separation Agreements: A Refresher

New England States Reach Divergent Outcomes on COVID-19 Coverage Disputes

Punitive Damages Amendment Seeks to Provide Statutory Authority Altering the Landscape of Wrongful Death Recovery

Trucking Accident Critical Initial Decision–Points

The Golden Power in Italy

The PFAS-Concern is Reaching the EU

I Spy with My Little Eye… but Should I? The 10 Dos and Don’ts of Monitoring Your Competition

The Role of Coverage Counsel in Resolving Risk – Trucking Edition

The First PRC Court Case Recognizing an English Commercial Judgment

Editor's Page - Volume 90, Number 1

Marsha M. Piccone

Volume 90, No. 1

President's Page - Volume 90, Number 1

Mark R. Beebe

Volume 90, No. 1

Diversity, Inclusion and Veterans in the Law

Robert F. Redmond, Jr.

Volume 90, No. 1

The Department of Justice's Cyber-Fraud Initiative and Its Impact on the False Claims Act

Kimberly Bessiere Martin

Peter J. Pizzi

Volume 90, No. 1

IADC Committee Newsletters - Volume 90, Number 1

IADC

Volume 90, No. 1

Voir Dire Suggestions for an Employment Trial

European Works Councils: Comprehensive Reform and Preliminary Injunctions are Planned!

Air Pollution in Europe: France, Condemned to be Sentenced?

New Disclosure Requirement in Federal Rule 7.1 May Make it Easier to Quickly Determine if a Case is Removable

Lawyer 2.0: The future of the Industry  

What the Texas Legislature Did (Not Do) to Fix the Trucking Litigation Crisis in Texas – and Possible Insurance Ramifications for Nationwide Litigation

The Biometric Data Fallout - What are Biometrics and Why Businesses Should Beware

Changes to the EU's Strict Product Liability Regime

Science Needs a Story

Unlimited Liability? Québec Tobacco Litigation And Its Ramifications For Product Liability Class Actions

The Art of Disagreeing with Your Client

Strategic Planning for Law Firms

President's Page - Volume 89, Number 4

Mark R. Beebe

Volume 89, No. 4

Editor's Page - Volume 89, Number 4

Marsha M. Piccone

Volume 89, No. 4

The Changing Geography of Law Practice: Law Firm Risk Management Considerations

Mark J. Fucile

Volume 89, No. 4

In Search of Mass Tort Plaintiffs: Advertising and Its Impact on the Targeted Populations, Potential Jury Pools, and Our Clients

Jeffrey A. Holmstrand

Volume 89, No. 4

Navigating Sanctions and the Legal Risks of Armed Conflict

Mark R. Beebe

Jeffrey M. Surprenant

Volume 89, No. 4

IADC Committee Newsletters - Volume 89, Number 4

IADC

Volume 89, No. 4

IADC Amicus Briefs - Volume 89, Number 4

IADC

Volume 89, No. 4

Lessons Learned from the Trenches to Defeat the Reptile Strategy

Development, Implementation and Use of the “Electronic Court” in Ukraine

Social Security Contributions & Benefits Under Long-Term Incentive Plans - The Belgian Supreme Court Renders a Landmark Decision on a Long-Debated Matter

Transitioning Clients for Law Firms

California's Life Insurance Liability Trap: McHugh, Thomas, and the Long-Term Risk of California Insurance Code Sections 10113.71 and 10113.72

'Snail in the Bottle' Case Revisited - Certification of Valsartin/NDMA Class Action Denied

Inclusion Comes First An Active Ally Profile Featuring Melanie Margolin, Chief Legal Officer at Thumbtack, Inc.

Motor Carriers Will Need to Learn the ABCs of AB 5

Sustainability

California Appellate Court Permits Defense Expert Testimony Regarding Causation to Meet Lower Standard When Offered to Challenge Plaintiff’s Causation Evidence

Tenth Circuit Finds Immigration Law Unconstitutional On Free Speech Grounds

Strategies to Help Your Witness Maintain or Regain Control During Their Testimony

A Disconnect from Work Policy Does Not Require Employee Disconnection… Yet!

Key Discussion Points from the 2022 ICC PANARB Convention in Republic of Panama

President's Page - Volume 89, Number 3

Spencer H. Silverglate

Volume 89, No. 3

Editor's Page - Volume 89, Number 3

Christopher B. Parkerson

Volume 89, No. 3

Using Independent Taint Teams to Better Protect Attorney-Client Privilege

Richard "Dick" Gregorie

William "Bill" Marquardt

Joseph "Joe" Spinelli

Volume 89, No. 3

The Historical Roots of Mediation in Mexico

Manuel Moctezuma

Volume 89, No. 3

Out-of-State Witnesses: Are Zoom Trial Appearances a New Normal?

Alaina Devine

Volume 89, No. 3

IADC Committee Newsletters - Volume 89, Number 3

IADC

Volume 89, No. 3

An Ode to Justice: Michael Eizenga Publishes The Class Actions Handbook

Public-Sector Personal Information Class Actions in Canada

Texas Courts are Now Considering Extrinsic Evidence with Respect to the Duty to Defend Immediate Impact Appears to be More of the Same: Artful Pleading Still Seems to Work

Fact Summary: Legal Actions Taken by Mexico on the Energy Sector Since 2018 UPDATE: March-April 2022

Round 2! U.S. Supreme Court Has Heard the Arguments on Section 1782 – Discovering the Issues with Discovery in International Arbitrations

Massachusetts High Court Declares That Restaurants Suffered No “Direct Physical Loss” From COVID-19 Closure Orders; Becomes First U.S. State High Court to Rule Against Policyholders

President's Page - Volume 89, Number 2

Spencer H. Silverglate

Volume 89, No. 2

Editor's Page - Volume 89, Number 2

Christopher B. Parkerson

Volume 89, No. 2

Some Superheroes Wear Robes: Justice Sandra Day O’Connor

Meghan McSkimming

Kenneth R. Meyer

Jean Patterson

Sarah T. Tremer

Volume 89, No. 2

PFAS Exposure: A Comprehensive Look at Emerging Facts and Studies, Risk and Liability Assessment, Litigation History, Evolving Regulations and Future Predictions

Craig T. Liljestrand

Volume 89, No. 2

Diversity Roadmap Resource Website

IADC

Volume 89, No. 2

IADC Speaks Podcast - Defense Counsel Journal Highlight

IADC

Volume 89, No. 2

IADC Committee Newsletters - Volume 89, Number 2

IADC

Volume 89, No. 2

The Stakes Just Got Higher! With the $150 million Pizza Hut Class Action – Do Independent Contractors Fit Your Business Model?

New Jersey Bankruptcy Court Rules that Johnson & Johnson’s Texas Two-Step was not a Bad Faith Filing

Meet the Arbitrators Vol. 1

Let’s get to Know More About Members of the Drug, Device and Biotechnology Committee

“The Right Thing to Do” An Active Ally Profile Featuring John Browning

THE MCS-90 Endorsement

Fact Summary: Legal Actions Taken by Mexico on the Energy Sector Since 2018

A Privilege to Remember: The Protection of Accident Registers in the Discovery Process of a Trucking Lawsuit

Can We Ever Say Goodbye in California?

President's Page - Volume 89, Number 1

Spencer H. Silverglate

Volume 89, No. 1

Editor's Page - Volume 89, Number 1

Christopher B. Parkerson

Volume 89, No. 1

Taking a “Hard Look” at Expert Witness Testimony Under Rule 702

Luke Bosso

Eva Canaan

Geoffrey Drake

TaCara Harris

Munjot Sahu

Volume 89, No. 1

Lessons From a Year in Crisis: Do’s and Don’ts of Crisis Management

Claudia V. Garcia

Kaitlyn E. Stone

Michael C. Zogby

Volume 89, No. 1

The Arbitration Legacy of Justice Sandra Day O'Connor

Daniela Karollus-Bruner

Mitchell L. Lathrop

Kevin F. Truxillo

Volume 89, No. 1

IADC Committee Newsletters - Volume 89, Number 1

IADC

Volume 89, No. 1

Ninth Circuit Adopts “Unequivocally Clear and Certain” Standard to Determine When 30-Day Removal Clock is Triggered

France and the UK – Asbestos is Again at the Heart of Many Litigation

Allow Me to Reintroduce the Drug, Device and Biotechnology Committee Members

Insurance Brokers Liability in Canada Revisited

Promissory Estoppel in Canadian Insurance Law

Mobile Emissions Sources and the Regulatory Push Toward Lower or Zero Emission Vehicles

Supreme Court Settles Circuit Split Over Remand Orders Under 28 U.S.C § 1447(d)

PFAS: 2022 Trending Towards a Major Turning Point in Regulation and Litigation

Third Circuit Court of Appeals Gets in Tune with the Second and Third Circuits on Limited Preclusive Effect of Trademark Trial and Appeal Board Proceedings

Changing the Paradigm: Reimagining the Practice of Law in a Post-Pandemic World

New German Supply Chain Act – New Challenges and Exposure for Companies Doing Business in Germany

Talc-Asbestos Claims Against Johnson & Johnson May Proceed for Now; Status of J&J Subsidiary Created to Hold Liabilities Being Weighed

The Duty to Defend Between Several Insurers: Northbridge General Insurance Corporation v. XL Specialty Insurance Company, 2021 BCSC 1682

Statute of Limitations in Legal Malpractice Claims – Consent to Change Attorney Forms and Establishing the End of the Continuous Representation Toll

President's Page - Volume 88, Number 4

Spencer H. Silverglate

Volume 88, No. 4

Editor's Page - Volume 88, Number 4

Christopher B. Parkerson

Volume 88, No. 4

Center of the Circle: In-House Counsel, the Crime-Fraud Exception and "Reasonable Suspicion"

Mark J. Fucile

Volume 88, No. 4

Turning the Tables: Non-Retained Experts for Defendants

Chad Hutchinson

Stephen P. Huwe

Volume 88, No. 4

The A312 Performance Bond is Not a Blank Check

Bruce Kahn

David W. Kash

Volume 88, No. 4

IADC Committee Newsletters - Volume 88, Number 4

IADC

Volume 88, No. 4

Six Degrees of Transportation Law

State of Play of Pending Climate Litigation at European Level

The Virus Mutated…Have the PREP Act’s Protections Against Liability for Countermeasures Followed Suit?

Missouri Supreme Court Upholds Non-Economic Damages Caps for Medical Malpractice Cases

When Trucker’s Insurance Morphs into a Surety Bond

Requests for Honoraria in Class Actions Face Rising Scrutiny and Resistance

Clarification Regarding Defendant’s Right to Contest Plaintiff’s Affidavits Concerning Cost and Necessity of Medical Expenses

President's Page - Volume 88, Number 3

Andrew S. Chamberlin

Volume 88, No. 3

Editor's Page - Volume 88, Number 3

Christopher B. Parkerson

Volume 88, No. 3

Social Media Immunity in 2021 and Beyond: Will Platforms Continue to Avoid Litigation Exposure Faced by Offline Counterparts

Peter J. Pizzi

Volume 88, No. 3

Canada's Evolving Response to Overlapping Multi-Jurisdictional Class Actions

Justin Manoryk

S. Gordon McKee

Volume 88, No. 3

Discovering the Widening U.S. Circuit Split on Discovery Orders from "Foreign and International Tribunals" under U.S.C. § 1782

Melanie Huffines

Savannah Putnam

Mica Nguyen Worthy

Volume 88, No. 3

IADC Committee Newsletters - Volume 88, Number 3

IADC

Volume 88, No. 3

IADC Amicus Briefs - Volume 88, Number 3

IADC

Volume 88, No. 3

Facial Recognition Technology - The Good, Bad, and the Future

Talc Verdict Overturned as Appellate Court Finds Experts’ Opinions Lacking

U.S. Supreme Court grants Writ of Certiorari in Boeing/Rolls Royce case to consider arguments on interpretation of 28 U.S.C. §1782

The Ransomware Scourge: Connectivity and Vulnerability in an Internet of Things, 5G World

Understanding the Risks and Responsibilities Posed By “As-Built” Documents

Golden Rule Crushed by Court of Appeal

Ford Motor Company v. Montana Eighth Judicial District – “Specifically Dealing with Specific Jurisdiction”

President's Page - Volume 88, Number 2

Andrew S. Chamberlin

Volume 88, No. 2

Editor's Page - Volume 88, Number 2

Christopher B. Parkerson

Volume 88, No. 2

Preventing Nuclear Settlements at Deposition: The Role of Cognitive Fatigue on Witness Performance

Bill Kanasky, Jr.

John M. Nunnally

Volume 88, No. 2

The PREP Act: Defending Product Liability and Professional Liability Litigation Involving COVID-19 Countermeasures

Jordan Lipp

Volume 88, No. 2

A Review of Property Insurance Law in Canada and the United States

Harmon C. Hayden

Gordon Hilliker

Karen Karabinos

Volume 88, No. 2

IADC Committee Newsletters - Volume 88, Number 2

IADC

Volume 88, No. 2

IADC Amicus Briefs - Volume 88, Number 2

IADC

Volume 88, No. 2

Is Pennsylvania Chipping Away at Your Fair Share? Superior Court Panel Deems Fair Share Act Inapplicable When Plaintiff is not Contributorily Negligent

U.S. EPA Reaffirms Commitment to Environmental Self-Disclosure Audit Policy with Updated FAQ

Addressing the Elephant in the Room

Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution Action

The Proposed Amendment to Federal Rule of Evidence 702 – Will it Work?

Vermont Supreme Court Issues Important Decision on the Enforceability of Arbitration Clauses in Consumer Agreements and the Standards for Vacating Arbitration Decisions

Addendum to Insurance Policies without Limits: Surespan Structures Ltd. v. Lloyd’s Underwriters

Get The ‘Jab’ or Lose Your Job: How to Create an Enforceable COVID-19 Vaccination Policy (CVP) for Your Canadian Workplace

Supreme Court of Canada Expands Duty of Honest Contractual Performance

If you Want to Stay Friends with your IT Supplier, Use the Contract!

The Intersection of Religious Rights and Environmental Claims

New Year, New Claims Methodology

Expert Testimony Required to Establish the “Empty Chair” Defense in Medical Negligence Cases in Maryland

Too Big to Certify? Class Actions in Canada

Drawing Lines Between Insurance Misrepresentations & Fraudulent Omissions

A Matter of Trust: North Dakota’s Asbestos Bankruptcy Trust Transparency Act’s Disclosure Requirements Survive Constitutional Challenge

President's Page - Volume 88, Number 1

Andrew S. Chamberlin

Volume 88, No. 1

Editor's Page - Volume 88, Number 1

Christopher B. Parkerson

Volume 88, No. 1

Advanced Topics in Oral Civil Discovery

Robert F. Redmond, Jr.

Volume 88, No. 1

Genomics in the Courtroom: The Current Landscape of DNA Technology in Criminal and Civil Litigation

Scott Elder

Anderson Kemp

Volume 88, No. 1

Carve-Outs and Injunctive Relief in Arbitration Cases

Mitchell L. Lathrop

Volume 88, No. 1

IADC Committee Newsletters - Volume 88, Number 1

IADC

Volume 88, No. 1

IADC Amicus Briefs - Volume 88, Number 1

IADC

Volume 88, No. 1

U.S. Federal Leasing Mandates

A Claim Too Far: Supreme Court of Canada Refuses to Recognize New Tort Duty for Pure Economic Loss Claims Against Manufacturers

Over-naming in Ohio Asbestos Litigation: A Legislative Solution is Needed

Illinois Appellate Court Dismisses Battery Claim Arising From Use of New Medical Device

The “Jerk and Jolt” Defense: Relief from a Bumpy Road

Pentagon Faces Quandary in Adequately Addressing PFAS-Contaminated Water Resources at Hundreds of Bases and Surrounding Communities

What Information from an NTSB Report is Admissible Evidence in Court?

President's Page - Volume 87, Number 4

Andrew S. Chamberlin

Volume 87, No. 4

Editor's Page - Volume 87, Number 4

Christopher B. Parkerson

Volume 87, No. 4

American Law Institute Proposes Controversial Medical Monitoring Rule in Final Part of Torts Restatement

Christopher E. Appel

Mark A. Behrens

Volume 87, No. 4

GDPR in United States Litigation Through Summer 2020: GDPR-Subject Companies Must Produce

Michael H. Gladstone

Volume 87, No. 4

Advanced Topics in Written Civil Discovery

Robert F. Redmond, Jr.

Volume 87, No. 4

IADC Committee Newsletters - Volume 87, Number 4

IADC

Volume 87, No. 4

IADC Amicus Briefs - Volume 87, Number 4

IADC

Volume 87, No. 4

Anxiety to Develop a Disease in the Future: A New Toxic Tort Trend

Is Your Construction Project Snakebit? - How to Tell and How to Respond

Industry Under Attack Scores Important Win in California Supreme Court

Vermont Court Rules That Commercial Landlord Cannot be Liable for Injury to Retail Tenant’s Invitee Involving Tenant’s Operations on Premises

Thinking Ahead: Dispute Resolution after the Corona Crisis

Is the Role of Independent Contractors Being Extinguished?

Vermont Supreme Court Holds That “Combined Single Limit” and “Limits of Liability” Provisions in UIM Policy Cap Auto Insurer’s Total UIM Payout, Despite Multiple UIM Claimants

The Flint Water Crisis – Is $600 Million Enough?

Opioid Litigation and Future of Bellwether Litigation

A Recurrence of Sick Buildings in the Age of COVID

Getting the ‘Drift’: Maryland Adopts Daubert Standard

To Sea or not to Sea? The Fifth Circuit’s Potential Reconsideration of how it will Apply the Test for Jones Act Seaman Status for Certain Workers in Future Cases

Covid-19 and Insurance: French Lessons for New Realities

Permanent Injunction Granted That Prohibits Enforcement of Proposition 65’s Warning Requirement for Glyphosate

Immigration Law Update

It is Not a Toy – Standards and Risks Involved with Personal Transportation Vehicles

Preparing for Possible Bad Faith Claims in COVID-19 Related First Party Property Lawsuits

Subject Matter Jurisdiction in the Context of Pre-Suit Notice Requirements for West Virginia Medical Professional Liability Act Cases – A Review of State ex rel. PrimeCare Medical of West Virginia, Inc. v. Faircloth, et al.

Will Pennsylvania Join the Daimler Era? – Part II

Recovery of Medical Bills: “Face Amount” vs. “Amount Paid”: Medical Malpractice Plaintiff May Not Recover More Than the Defendant was Actually Paid for Treating Plaintiff

Alert to Product Liability Defense Counsel: United States Supreme Court Set to Again Address Specific Personal Jurisdiction

President's Page - Volume 87, Number 3

Andrew S. Chamberlin

Volume 87, No. 3

Editor's Page - Volume 87, Number 3

Kenneth R. Meyer

Volume 87, No. 3

Defending the Producers: Examining Product Liability Protection for Compelled Manufacturing Under the Defense Production Act

Ryan D. Class

Lauren R. Greenspoon

Volume 87, No. 3

The EPA's March to Ban Asbestos: 2020 Draft Risk Evaluation

Evelyn Fletcher Davis

Eric T. Hawkins

Claire C. Weglarz

Volume 87, No. 3

What's Unconstitutional About Wrongful Life Claims? Ask Jane Roe...

Scott C. Armstrong

Bruce R. Parker

Thomasina Poirot

Volume 87, No. 3

IADC Committee Newsletters - Volume 87, Number 3

IADC

Volume 87, No. 3

IADC Amicus Briefs - Volume 87, Number 3

IADC

Volume 87, No. 3

Coronavirus Resources

IADC

Volume 87, No. 3

FELA Second-Hand “Take Home” Claims in the Era of Corona

Potential Investment Litigation and Arbitration Trends Arising out of the COVID-19 Financial Crisis: Two Products that will Likely be the Subject of Claims

10th Circuit Creates Opportunity for Liability Insurers to Hedge Their Bets Against Future Bad Faith Litigation in Claims with Questionable Coverage

Illinois Appellate Court Holds Experts Redesignated as Consultants are Entitled to Consultant’s Privilege Against Disclosure

Potential Investment Litigation and Arbitration Trends Arising out of the Coronavirus Financial Crisis: The Effect of Some Recent Legal Holdings

Using Bankruptcy to Your Client’s Advantage

COVID-19 Business Interruption Insurance Claims Coverage Issues

Court Cuts Off Oxygen to Autoerotic Asphyxiation Insurance Claim

Litigation in the Time of COVID-19: Understanding the Novel Impact on Drug and Device Cases

Keeping up with the Technology: Constant Changes Perpetually Impact the Practice of Medicine and Create Liability Risks

COVID-19 and the Construction Industry: A Glimpse into Delay Issues Associated with the Global Pandemic

A Primer on Preemption

U.S. EPA’s COVID-19 Based Discretionary Civil Enforcement Policy and Guidance on Timing of Performing Field Work

Don’t Forget the Trial Briefs

Matter of R-A-F: The Attorney General Ignores the Circuit Courts and the Circuit Courts Ignore The Attorney General

Why isn't Amazon Treated as a Prime Company in France?

Viral Impact: Liability Protections and Considerations in a Pandemic

Duty to Defend, Duty to Indemnify…Duty to Settle? Results-Oriented Decision in Massachusetts Confuses Carriers, Sows Confusion

The “Preventing Essential Medical Device Shortages Act of 2020”: COVID-19 Side Effect That Could Permanently Harm Medical Device Manufacturers

President's Page - Volume 87, Number 2

Amy Sherry Fischer

Volume 87, No. 2

Committee Chair Letter - Volume 87, Number 2

William L. Anderson

Volume 87, No. 2

Editor's Page - Volume 87, Number 2

Kenneth R. Meyer

Volume 87, No. 2

3D Printing: Product Liability, Professional Liability and Other Tort Aspects of the Burgeoning Industry

Jordan Lipp

Steven Michalek

Volume 87, No. 2

Torts, Courts and Attorneys General: Tort Litigation by States

William L. Anderson

Richard E. (Rick) Wallace, Jr.

Volume 87, No. 2

The Rise and Minor Fall of Litigation Funding in Australia

Will Atfield

Greg Williams

Volume 87, No. 2

Product Liability Cases in Civil Law Countries: A Pro-Plaintiff Approach

Sylvie Gallage-Alwis

Volume 87, No. 2

Where Are We Headed, Hal? Product Liability in the Next 100 Years

William L. Anderson

Volume 87, No. 2

This Internet Thing is Great, Isn't it, Hal? Product Liability in the Next 100 Years

Stephanie M. Rippee

Volume 87, No. 2

The Next Wave of Global Litigation

Marco Pulido

James Sullivan

Mary-Christine "M.C." Sungaila

Volume 87, No. 2

Fight for the Forum

Brett Covington

Eric Lasker

Volume 87, No. 2

Warning: Additional Warnings May Be Required

Sarah Miller

Olivia Seraphim

Jessie Zeigler

Volume 87, No. 2

IADC Amicus Briefs - Volume 87, Number 2

IADC

Volume 87, No. 2

IADC Committee Newsletters - Volume 87, Number 2

IADC

Volume 87, No. 2

OSHA Safety and Reporting Guidelines: Changes in Response to the Novel Coronavirus Pandemic and Impact on the Construction Industry

Which Came First, the Standard or the Suit?

Government Investigations: Cooperating with Federal Agencies After a Trucking Accident

Pending Overhaul of the Class Proceedings Landscape in Canada’s Most Populous Province

Third-Party Litigation Funding: A Review of Recent Industry Developments

Joseph J. Stroble

Laura Welikson

Volume 87, No. 1

Vermont Supreme Court Recognizes Exception to the Economic Loss Rule

Insurance Policies without Limits: More Pitfalls for Underwriters

Illinois Appellate Court Deems Mental Health Records Privileged in Neurological Brain Injury Case

Curtis Flowers’ 23-Year Road, With Pro Bono Help, From Arrest and Six Trials to Bail

Plaintiffs Fail to Supply Sufficient Asbestos Evidence to Keep Verdict

Jury Trends in the Post-Truth Era and Strategies to Maximize Your Chances of Success

Frustrated by COVID-19: Recovering and Preventing Business Losses

Flat Fee Agreements in Complex Litigation: A Workable Approach

Texas Supreme Court to Decide Two Eight-Corner Duty to Defend Cases This Term

Practical Tips to Minimize Labor and Employment Risks Arising from the Coronavirus in the Workplace and Workforce

A SLAPP in the Face to Free Speech? A Nationwide Overview of SLAPPs and Anti-SLAPP Laws

Defeating Remand: Proving Fraudulent Joinder of a Non-Diverse Distributor

Defending the Evidence Spoliation Attack in Transportation Cases

Congress’ Failure to Enact Broad-Based PFAS Legislation is Likely to Facilitate Ongoing State Regulatory Activity

Seepage or Leakage: What Coverage Exists for the First 13 Days?

Rule 23(b)(3) Predominance in Benefit-of-the-Bargain Actions

NLRB Reverses Course on Lawfulness of Policies Requiring Confidentiality of Open Workplace Investigations

SCOTUS: No “Discovery Rule” Tolling for FDCPA One-Year Limitations Period; Circuit Split Resolved in Rotkiske v. Klemm

Where There’s Smoke, There’s Fire: Are E-Cigarettes an Emerging Mass Toxic Tort?

President's Page - Volume 86, Number 2

Craig A. Thompson

Volume 86, No. 2

Editor's Page - Volume 86, Number 2

Kenneth R. Meyer

Volume 86, No. 2

The September 11, 2001 Terrorist Attack and Litigation Aftermath

Desmond T. Barry, Jr.

Evan M. Kwarta

Volume 86, No. 2

IADC Amicus Briefs - Volume 86, Number 2

IADC

Volume 86, No. 2

Statistically Significant Association: Preventing the Misuse of the Bradford Hill Criteria to Prove Causation in Toxic Tort Cases

William R. Andrichik

Jeremy S. Goldkind

Derek C. Smith

Volume 86, No. 2

Class Arbitration: Who Decides?

Mitchell L. Lathrop

Volume 86, No. 2

Disputes that Raise Public Policy Issues: Special Problems in International Disputes

Mica Nguyen Worthy

Volume 86, No. 2

IADC Committee Newsletters - Volume 86, Number 2

IADC

Volume 86, No. 2

IADC Committee Newsletters - Volume 86, Number 3

IADC

Volume 86, No. 3

IADC Committee Newsletters - Volume 86, Number 4

IADC

Volume 86, No. 4

President's Page - Volume 86, Number 3

Amy Sherry Fischer

Volume 86, No. 3

Editor's Page - Volume 86, Number 3

Kenneth R. Meyer

Volume 86, No. 3

IADC Amicus Briefs - Volume 86, Number 3

IADC

Volume 86, No. 3

In the Wake of Devries: Revisiting the Extension of Maritime Jurisdiction Over Asbestos Claims

Brian J. Schneider

Volume 86, No. 3

Federal Civil Rule Reform: An Update

Christopher E. Appel

Mark A. Behrens

Volume 86, No. 3

Insurance Coverage Rules for Inverse Condemnation Actions Involving Public Water Systems

Paul Fuller

Volume 86, No. 3

General Data Protection Regulation in U.S. Litigation through Mid-Summer 2019

Michael H. Gladstone

Volume 86, No. 4

President's Page - Volume 86, Number 4

Amy Sherry Fischer

Volume 86, No. 4

Editor's Page - Volume 86, Number 4

Kenneth R. Meyer

Volume 86, No. 4

The Perils of Prescribing Medication and the Goldilocks Principle: Defending Related Claims of Malpractice

Peter M. Durney

Harrison L. Lebov

Volume 86, No. 4

Strategies for Excluding or Limiting Plaintiffs' Bad Faith Experts

Henry T. Morrissette

Volume 86, No. 4

President's Page - Volume 87, Number 1

Amy Sherry Fischer

Volume 87, No. 1

IADC Committee Newsletters - Volume 87, Number 1

IADC

Volume 87, No. 1

IADC Amicus Briefs - Volume 87, Number 1

IADC

Volume 87, No. 1

Editor's Page - Volume 87, Number 1

Kenneth R. Meyer

Volume 87, No. 1

Face/Off: "DeepFake" Face Swaps and Privacy Laws

Erik Gerstner

Volume 87, No. 1

Admissibility Hurdles for 510(k) Evidence in Medical Device Litigation

Caycee D. Hampton

Robert R. Simpson

Volume 87, No. 1

Document Preservation and Litigation Holds

Updates on E-Cigarette Litigation and Practitioner Takeaways Related to Social Media Marketing

Toeing the Line: When Professional Services are not Professional Services

Zones of Privacy: How Private?

Khersien Y. Bautista

Llewellyn L. Llanillo

Volume 84, No. 3

The Era of the Internet of Things: Can Product Liability Laws Keep Up?

Leta E. Gorman

Volume 84, No. 3

The Global Harmonization of Trade Secret Law: The Convergence of Protections for Trade Secret Information in the United States and European Union

Victoria Cundiff

Bradford Newman

Jeffrey A. Pade

Anand B. Patel

Volume 83, No. 4

The More Things Change: Bankruptcy Trust Reform and the Status Quo in Asbestos Litigation

John J. Hare

Daniel J. Ryan, Jr.

Volume 85, No. 4

Editor's Page - Volume 86, Number 1

Kenneth R. Meyer

Volume 86, No. 1

The Use of Computer-Generated Animations and Simulations at Trial

Fred E. (Trey) Bourn, III

Victoria Webster

Volume 83, No. 4

Trade Secrets Litigation Concerning Foreign Acts

Thomas A. Counts

Jeffrey A. Pade

Volume 85, No. 1

A Brief Overview of Recent Supreme Court Precedent - Keeping Foreign Litigation at Bay

Douglas J. Chumbley

David L. Luck

Michael Rodriguez

Volume 83, No. 4

Update on Superstorm Sandy and the Inevitable Issues with Concurrent Causation

David J. Rosenberg

Timothy W. Stalker

Volume 85, No. 1

IADC Committee Newsletters - Volume 85, Number 4

IADC

Volume 85, No. 4

IADC Amicus Briefs - Volume 85, Number 4

IADC

Volume 85, No. 4

President's Page - Volume 85, Number 4

Craig A. Thompson

Volume 85, No. 4

Editor's Page - Volume 85, Number 4

Kenneth R. Meyer

Volume 85, No. 4

President's Page - Volume 86, Number 1

Craig A. Thompson

Volume 86, No. 1

IADC Committee Newsletters - Volume 86, Number 1

IADC

Volume 86, No. 1

IADC Amicus Briefs - Volume 86, Number 1

IADC

Volume 86, No. 1

Are You Ready for a Wallaby at the Water Cooler? Service Animals and Emotional Support Animals in the Workplace — What Do Employer Clients Need to Know?

Donna L. Burden

Sarah E. Hansen

Sean Nash

Volume 86, No. 1

Department of Justice Combats Asbestos Trust Abuse

Mark A. Behrens

William F. Northrip

Volume 86, No. 1

Good Strategy or Forum Manipulation? The Continuing Evolution of the Bad Faith Exception to the One-Year Time Limit on Removal

Anne K. Guillory

Volume 86, No. 1

IADC Amicus Briefs - Volume 83, Number 3

IADC

Volume 83, No. 3

The New Normal: International Litigation and Its Implications for Trial Lawyers

Kurt B. Gerstner

Volume 83, No. 3

Conning the Newsletters: What's New in Immigration? A Few Thoughts for 2016

Michael H. Gladstone

Volume 83, No. 3

Conning the Newsletters: The Number of "Occurrences" Dilemma

John T. Harding

Volume 83, No. 3

Conning the Newsletters: Understanding the Defend Trade Secrets Act of 2016: "We're Not in State Court Anymore"

Christopher J. Borchert

Peter J. Pizzi

Volume 83, No. 3

Conning the Newsletters: Crumb Rubber Turf Wars: The Synthetic Turf Fields Investigation

William L. Anderson

Cheryl Falvey

Volume 83, No. 3

The Any Exposure Theory Round III: An Update on the State of the Case Law 2012-2016

William L. Anderson

Kieran Tuckley

Volume 83, No. 3

The Proportionality Principle after the 2015 Amendments

Thomas Y. Allman

Volume 83, No. 3

President's Page - Volume 83, Number 3

Joseph E. O'Neil

Volume 83, No. 3

Conning the Newsletters: Independence Day

William J. Perry

Volume 83, No. 4

Conning the Newsletters: The EU Blue Card

Gerlind Wisskirchen

Volume 83, No. 4

Conning the Newsletters: Electronic Health Records: The Future of Standard of Care?

Autumn Breeden

R. Douglas Vaughn

Volume 83, No. 4

Amicus Briefs - Volume 83, Number 4

IADC

Volume 83, No. 4

Causation in Canada Revisited: Material Contribution to Risk and the Impact of Clements (Litigation Guardian of) v. Clements

Samantha Galway

S. Gordon McKee

Volume 83, No. 4

Editor's Page - Volume 83, Number 4

Michael Franklin Smith

Volume 83, No. 4

President's Page - Volume 83, Number 4

John T. Lay, Jr.

Volume 83, No. 4

IADC Committee Newsletters - Volume 84, Number 1

IADC

Volume 84, No. 1

Conning the Newsletters: Lead in the Water – The Flint Water Crisis

Jim Shelson

Volume 83, No. 4

Amicus Briefs - Volume 84, Number 1

IADC

Volume 84, No. 1

Differential Diagnosis and Daubert: Preventing the Misuse of Differential Etiology to Prove Causation in Toxic Tort Cases

David M. Cummings

Jeremy S. Goldkind

Anthony G. Hopp

Volume 84, No. 1

International Arbitration in Bankruptcy Proceedings: Uncertainty in the Enforcement of Arbitration Agreements

David Howard

Volume 84, No. 1

Explaining Complex Commercial and Business Concepts to a Jury without Peers

Carl A. Aveni

James B. Hood

Edward S. Sledge, IV

Volume 84, No. 1

Surety in the 21st Century: Everything Old is New Again

Allen Gibson

Bruce Kahn

Pamela McGovern

Volume 84, No. 1

Editor's Page - Volume 84, Number 1

Michael Franklin Smith

Volume 84, No. 1

IADC Committee Newsletters - Volume 84, Number 2

IADC

Volume 84, No. 2

Amicus Briefs - Volume 84, Number 2

IADC

Volume 84, No. 2

Judicial Notice: An Underappreciated and Misapplied Tool of Efficiency

Daniel A. Dorfman

Michael C. Zogby

Volume 84, No. 2

Malicious Prosecution - Coverage Under the CGL Policy

Shannon E. Boettjer

Thomas R. Newman

Volume 84, No. 2

Personal Jurisdiction Post-Daimler - As Plaintiffs Test Exceptions to Daimler's Narrow Path, All Eyes on Appellate Courts

Susanna M. Moldoveanu

Ben J. Scott

Volume 84, No. 2

Product Line Liability Just Doesn't Fly

Daniel R. Campbell

Volume 84, No. 2

Editor's Page - Volume 84, Number 2

Michael Franklin Smith

Volume 84, No. 2

Shots Fired - A Rational Assessment of Mass Shootings, The Alleged Participation of the Mentally Ill, and an Impaired Right of Privacy

Tamela J. White

Volume 84, No. 3

EU Data Protection and the Conflict of Laws: The Usual "Bag of Tricks" or a Fight Against the Evasion of the Law?

Cecilia Lahaye

Paul Lefebvre

Volume 84, No. 3

Busting the Black Box: Big Data Employment and Privacy

Kiley M. Belliveau

Leigh Ellen Gray

Rebecca J. Wilson

Volume 84, No. 3

Did You Really Send It? Email Evidence in Litigation and Arbitration in Argentina

Lisandro A. Allende

Arturo Fontana

Volume 84, No. 3

The French Blocking Statute and Cross-Border Discovery

Ela Barda

Thomas Rouhette

Volume 84, No. 3

Connected Cars and Automated Driving: Privacy Challenges on Wheels

Peter J. Pizzi

Volume 84, No. 3

Standing in the Midst of a Data Breach Class Action

Allison Holt

Joby Ryan

Joseph W. Ryan, Jr.

Volume 84, No. 3

Follow the Audit Trail: The Impact of Metadata in Litigation

Mark D. Hansen

Tyler J. Pratt

Volume 84, No. 3

Privacy Project V Foreword

Eve Barrie Masinter

S. Gordon McKee

Volume 84, No. 3

IADC Committee Newsletters - Volume 84, Number 4

IADC

Volume 84, No. 4

Amicus Briefs - Volume 84, Number 4

IADC

Volume 84, No. 4

Editor's Page - Volume 84, Number 4

Michael Franklin Smith

Volume 84, No. 4

President's Page - Volume 84, Number 4

Andrew Kopon Jr.

Volume 84, No. 4

Global Positioning Systems and Social Media - Anathemas to Privacy

Basil A. (Bill) DiSipio

Volume 84, No. 4

Data Privacy Protection of Personal Information Versus Usage of Big Data: Introduction of the Recent Amendment to the Act on the Protection of Personal Information (Japan)

Yuri Aihara

Noriko Higashizawa

Volume 84, No. 4

Drones: A New Front in the Fight Between Government Interests and Privacy Concerns

Jordyn Eckert Cartmell

Amy Sherry Fischer

Liam Frank

Volume 84, No. 4

Discovery of the Insurer's Claims File: Exploring the Limits of Plaintiff's Fishing License

John V. Garaffa

Kathy J. Maus

Julius F. "Rick" Parker, III

Volume 84, No. 4

A Look at Canadian Privacy and Anti-Spam Laws

Junior Sirivar

Shana Wolch

Volume 84, No. 4

IADC Committee Newsletters - Volume 85, Number 1

IADC

Volume 85, No. 1

The Seventh Circuit Widens a Split Among the Circuits on SLUSA Preemption of State Class Actions

Steven J. Roeder

Volume 85, No. 1

Cigarettes and Coffee: Do Newly-Discovered Sources of Diacetyl Spell the End of Popcorn Lung Litigation or the Beginning of a New Phase?

George R. Talarico

Volume 85, No. 1

Law Firm Nightmare: Clients Using Lawyer Services for Ponzi Schemes

Mark J. Fucile

Volume 85, No. 1

Editor's Page - Volume 85, Number 1

Michael Franklin Smith

Volume 85, No. 1

President's Page - Volume 85, Number 1

Andrew Kopon Jr.

Volume 85, No. 1

IADC Committee Newsletters - Volume 85, Number 2

IADC

Volume 85, No. 2

Not Edible, But Still Empty: Manufacturers of Non-Food Products are also Targets for Slack Fill Litigation

Katherine McBeth

Tonia Ann Patterson

Michael C. Zogby

Volume 85, No. 2

Considerations for Defense Counsel in Deciding to Seek, or Not to Seek, Lone Pine Orders in Mass Tort Litigation

James Beck

Volume 85, No. 2

Preimpact Terror Awards - A Lottery

Thomas R. Newman

Volume 85, No. 2

Editor's Page - Volume 85, Number 2

Michael Franklin Smith

Volume 85, No. 2

President's Page - Volume 85, Number 2

Andrew Kopon Jr.

Volume 85, No. 2

Supreme Court Strikes Another Blow to Litigation Tourism in Bristol-Myers Squibb

Mary Anne Mellow

Timothy R. Tevlin

Steven T. Walsh

Volume 85, No. 2

IADC Committee Newsletters - Volume 85, Number 3

IADC

Volume 85, No. 3

The General Data Protection Regulation - Another Key Compliance Area for Global Business

Richard Abraham

Colin Loveday

Volume 85, No. 3

Product Liability in Latin America

Maria Helena Ortiz Bragaglia

Leandro M. Castelli

Cristobal Jimeno

Lina Mendez

Domingo Rivarola Reisz

Volume 85, No. 3

Cyber Liability: Data Breach in Europe

Elena Jelmini Cellerini

Christian Lang

Volume 85, No. 3

President's Page - Volume 85, Number 3

Andrew Kopon Jr.

Volume 85, No. 3

Editor's Page - Volume 85, Number 3

Michael Franklin Smith

Volume 85, No. 3

Re-Examining "Carbon Copy" Prosecutions: A Look Back and Spring Forward

Andrew S. Boutros

T. Markus Funk

Volume 85, No. 3

Moving Beyond Uberrima Fides? The General Duty of Honesty in Contractual Performance and Punitive Damage Awards in Anglo-Canadian Contract Law

Conrad Flaczyk

Nicolas Glaudemans

Volume 85, No. 4

Entering the U.S. Market: Legal Hurdles That Manufacturers Must Overcome

Steven Del Mauro

Kenneth R. Meyer

Jean Patterson

Volume 85, No. 4

Hacked or Cracked? A Practical Guide to Cybersecurity for Private Motor Carriers

Is Daubert Broken?

Will Pennsylvania Join the Daimler Era?

Batson Challenges: A Practical Update

Spoliation and Sanctions in Employment Litigation: An Update

Is an East Coast Version of Prop 65 in Our Future?

New ALI Restatement on Liability Insurance Draws Criticism

The Case of the Haphazard Switcher: Missouri Appellate Court Renders Disturbing Interpretation of "In Use" Affirming an Injury-Prone Railroader’s SAA Verdict

Reviving Failure to Warn Defenses in Cases Involving Deceased Prescribing Physicians

Mental Healthcare Challenges in the Hospital Setting: A Risk Management Strategy

Travel Medical Insurance and the Perils of Bad Faith Claims

AI Field of Dreams — If Machines Build It, Will They Come?

Pulling the Plug on the Plaintiffs’ Power Point: Effectively Challenging Expert Presentations at Trial

The Growing Consensus on the Propriety of "Snap" Removals – Looking at the Effect of Encompass Ins. Co. v. Stone Mansion Rest. Inc. After One Year

PFAS Update: Evolving Science and Liability

When the Tortfeasor Claims to be the Victim: Eleventh Circuit to Consider Claims that Uninsured Motorist Carrier and Liability Insurer Conspired to Strip Tortfeasor Insured’s Liability Protection

The Singapore Convention on Mediation: Facilitating the Cross-Border Enforcement of Mediated Settlement Agreements in International Commercial Disputes

E-cigarettes: How the Situation in the US could Give Rise to Litigation in the EU

Florida Shifts Direction on Expert Admissibility Standard

Cracking the Code: Genetic Evidence and Specific Causation

A Railway Bridge Too Far: A Struggle between FELA and LHWCA

The Perils of Pre-Admission

Mexico: Arbitrators are not Considered as Authorities for Amparo Claim Purposes

An Update on IADC Initiatives Towards Class Action Reform in Ontario, Canada

The Pros of a Pro Bono Culture — and How to Start One at Your Firm

An Introduction to Product Liability Regimes in the Asia Pacific Region

Plaintiff Wins Dispute Over Forum – Cook County Deemed Best For All

Settling the Split: The Supreme Court Clarifies Unavailability of Punitive Damages for Seamen in Dutra Group v. Batterton

Advertising Liability in Canada: Blue Mountain Log Sales Ltd. v. Lloyd’s Underwriters, 2019 BCCA 240

One Bad Apple: Navigating through Sexual Battery and Other Intentional Torts

Do Applicants Have a Disparate Impact Claim Under the ADEA?

Old and New Targets: IARC Releases its 2020-2024 Priority List for Evaluation

Sixth Circuit Rejects Disparate Impact Discrimination Claim against Health Insurer under the Affordable Care Act

U.S. Supreme Court in Prescription Pharmaceutical Case Holds Implied Preemption is Legal Issue for Judge, Not Question of Fact for Jury

Overcoming Sticker Price: The Emergence of the Reasonable Value Approach

Bad Faith Personal Liability of Claims Adjusters Arising Out of Claims-Handling Conduct

An Update on Efforts to Create a Set of Rules for Multidistrict Litigation

Design Thinking for Litigators

Summary Judgment Evidence

Alert: Deceptive Plaintiff Lawyer Advertising is Harmful to Public Health… and States are Taking Action

Penalties, Punitives, and Granny Cams: The Escalating Lure of Elder Abuse Litigation

"In-Concert Liability Claims": One of the More Difficult Pitfalls for Lawyers to See and Avoid when Representing a Client Who May Have a Legal Relationship with a Non-Client

The Quixotic Quest for Ambiguity in Insurance Contracts: Revisiting the Pollution Exclusion Clause

Recent Supreme Court Decision Rejects Bare-Metal Defense in Maritime Cases

Employing Foreigners in Turkey

Turning Trends into Tactics

The Scoop on the FDA’s Updated Approach to the Dietary Supplement Market

Eleventh Circuit to Become Latest Circuit to Consider Whether Social Engineering Scams are Covered under Computer Fraud Provisions of Crime Policies

From Flagship to Lifeboat: Bankruptcy in American Corporate Law

Fear of Cancer: The Start of a New Worrying Era in France

Common Pitfalls of EMR Metadata

Proposed Changes to Federal Rule of Civil Procedure 30(b)(6)

ERISA Issues: Standard of Review and Meaning of "Own Occupation"

Summary of Statutes Applicable to Medical Malpractice Lawsuits in Texas

Gratuities in the Restaurant Industry — What’s Going On?

D&O Coverage Litigation for Securities Appraisal Actions

Do Enhanced-Injury Crashworthiness Cases Filed in Missouri Mean Enhanced Liability for Product Manufacturers?

How Sudden is Sudden?

The Third Circuit is Snap Happy

Trade Secrets Lost – The Self-Executing Protective Order is not Sufficient to Require Filing of Documents Under Seal

What Single Client Counsel Should Know About Worldwide Data Protection and GDPR Compliance - Part II: A GDPR Compliance Action Threatens to Become a Global Privacy Compliance Dispute

Inadvertently Perpetuating Wage Discrimination: The Ninth Circuit Finds Employers’ Reliance on Salary History Violates the Equal Pay Act

The Bad Faith Time Bomb

Expert Qualifications Held to be Self-Validating: A Call for Amendments to the Federal Rules of Evidence on the Admissibility of Expert Testimony

The Product Liability Statute of Repose: Jurisdictional or Affirmative Defense?

Illinois Supreme Court Holds Hospital Not Liable Under the Doctrine of Apparent Agency

Up Against the Clock – Time Limits in Civil Trials

The Long and Winding Road: Reinsurance Issues in Canada

The Risk of a Hefty Social Security Price Tag on Shares Awarded to Employees of EU (Belgium) Based Affiliated Companies

The Rising Number of Platform Workers as a Problem for Employment Law

Australian Class Action Reform: Reigning in the Effects of Commercialization

Challenging the Plaintiff’s Economic Expert

Cyber Insurance Coverage in Canada

The Challenges and Potential Pitfalls of Retaining the Client’s Environmental Project Manager as Litigation Expert

Off-Label Promotion of Class III Medical Devices: Parallel Claims and Preemption at the Pleading Stage

What Single Client Counsel Should Know About Worldwide Data Protection and GDPR Compliance

Cyber Coverage May Be Affected by New and Traditional Defenses

It's Official, Admissibility of Statements Contained in Public Records

Employment Law- Double Issue

Ex Parte Communications with Treating Physicians: Leveling the Playing Field

Product Liability- Double Issue

Sun Life Assurance Co. of Canada v. Imperial Premium Finance: Recent Developments Related to Financed Life Insurance Policies

Class Arbitration: Who Decides?

Innovator Liability: A Recent Resurgence

Matter of A-B: Tectonic Shift in Immigration Law or Mere Dicta?

Wisconsin Asbestos Bankruptcy Trust Legislation

To Intervene, or Not to Intervene, That is the Question

Illinois Appellate Court Considers Scope of Privilege Established by Patient Safety Act

A Three Year Retrospection on West Virginia’s 2015 Asbestos Litigation Reform

The Benefits of Forum Selection Clauses and Hidden Risks of Choice of Law Provisions in ERISA Plans

Impeaching Someone Who’s Not There

Check Those "Choice of Law" Provisions!

Illinois Appellate Court Issues Opinion Limiting Expert Testimony Regarding Proximate Cause and on Plaintiff’s Use of Voluntary Dismissal to Avoid Directed Verdict and Retain Additional Experts

Impeachment of a Corporate Employee by Evidence of the Corporation’s Unrelated Criminal Conviction or Consent Agreement

The Department of Justice Curtails Asylum for Victims of Domestic Abuse

Hole-in-One Leads to GC’s Deposition. Here’s How.

Hospital’s Reimbursement Rates Found to be Relevant to Determine Whether the Hospital’s Charges are Reasonable

An Analysis Under Kentucky Law Regarding Ex-Parte Communications with Treating Physicians and Compliance with the Health Insurance Portability and Accountability Act of 1996

Don’t Ask, Don’t Tell (Me About Your Salary History): An Update on the Status of State Salary History Inquiry Bans

Federal Evidence Rules Changed to Reflect Technological Realities

What Trademark Cases Teach Us About Personal Jurisdiction

Tenth Circuit Daubert Ruling Bars Plaintiff Expert’s AML Benzene Opinion Based on Differential Diagnosis

Professional Liability Committee Newsletter- Double Issue

Recovering Delay Damages Despite Timely Completion

Responding to 30(b)(6) Deposition Notices in Employment Cases

The Single Client Counsel in an Evolving Business Climate

Special Interrogatories: Be Careful What You Ask For

Defending Against Economic Damages Claims

Missouri Supreme Court Weighs in on Venue: Finds Prejudice is not Implicit to Litigation Hotspots

Engaging Your Jury Through Creative Use of Demonstrative Exhibits

Pesticides: The Rise of Asbestos-Like Litigation

Emails as Business Records

Discovery of Electronic Medical Records, Audit Trails, and Metadata

A Word to the Wise – The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks

Updating Objections Under Revised FRCP 34

Corporate Witness Preparation: The 411

$347 Million FCA Judgment Set Aside Under Escobar’s Materiality Standard

How to Conduct an Effective Harassment Investigation

What Next Rough Beast….The Second Coming of Nuisance Law Litigation- Part III

First Class Action Data Breach in the UK – Employer Found Vicariously Liable for Rogue Employee’s Actions

Starting with Why?

Quandaries and Quagmires: Legal Ethics and Risk Issues as of January 2018

#UpdateJuryInstructions - Improving Jury Instructions in the Age of Smartphone Communication

Illinois Appellate Court Addresses Ex Parte Communications between Hospital Counsel and Formerly Employed Nurse

Two Years of Asbestos Trust Transparency in Texas

Sponsored Programs at the Midyear Meeting

Questions Outside the Scope in a Rule 30(b)(6) Deposition

West Virginia Addresses Workplace Drug Testing and Medical Marijuana Use

Thailand Ratifies Montreal Convention

ERISA Abroad?

Finding and Closing Judicial Hellholes

An Introduction to the Newly-Amended Labor Standards Act of Taiwan

New Employment Rules to Come into Effect on March 1st, 2018

Physicians in Texas can Establish New Patients using Telemedicine Services under New Statute

Planned Obsolescence: Impending European Legislation?

Cyber Security: The Dark Side of the Internet

Corporate Counsel Perspectives on Cybersecurity Insurance Procurement

The Mistrust of Science in the Age of Alternative Facts

Third Party Funding in Singapore Riding the New Wave and Navigating the Storms

Tipping Point: Balancing Personal Use Technology in the Workplace

Why the Customer Can’t Always Be Right in Product Liability Litigation

The Coming Blockchain Disruption: Trust without the "Middle-man"

The Illinois Medical Studies Act Privilege After Grosshuesch and Eid

Does Spoliation Spoil a Product Liability Claim? Analyzing and Defending Product Liability Claims of the Product-less Claimant

Discretionary Clause Bans: Fifteen Years Later the Battles Wage On

Thought Leadership: Championing Diversity and Inclusion; A Conversation with Connie Lewis Lensing, Senior VP of Litigation Department at Federal Express

I’m Thinking of a Number

The "Any Exposure" Causation Theory Moves to the Florida Supreme Court and New York Court of Appeals

The CMS Final Rule for Emergency Preparedness Implementation Deadline is Here: Is Your Facility Prepared?

Daubert: Trends and Statistics

Making the Case: How Diversity and Inclusion Can Improve Your Firm’s Financial Outlook

Title VII Updates

Blockchain Unchained: One Lawyer’s Quest to Figure out what the Hell Everyone is Talking About

Insurance Coverage for Data Storage in the Pharmaceutical Industry

Supreme Court Narrows the Landscape for Personal Jurisdiction

State Court Class Actions? Not in Mississippi

Penalties and Punitive Damages: California Supreme Court to Review Controversial Interpretation of Statute Providing Damages in Actions against Nursing Homes

Communications in the Workplace: Privacy and Data Protection in Argentina

Satellite Witnesses Part II: Strategic Considerations Before and During Trial

Why Wouldn't You Arbitrate There? The British Virgin Islands International Arbitration Centre Has Just Opened For Business

Avoiding Bad Faith, and Other Emerging Issues Involving Eroding Limits Policies

A Tidal Wave of Public Nuisance Law Suits across the US Involving Opioid Litigation

The Bad Faith Exception to the One Year Bar to Removal Based on Diversity Jurisdiction

Rancosky vs. Washington National: Pennsylvania Finally Deals with Bad Faith Standards Head On

How the Internet of Things is Changing Litigation

Lawyers Sanctioned for Prematurely Terminating Deposition

Does Every Party Have a Right to be Represented by the Lawyer of its Choice? Take Note of Gapinski v. Gujrati

The U.S. Supreme Court Reins in Discovery Sanctions

Clients Barred from Blaming Lawyer for Consequences of Clients’ Illegal, Immoral or Wrongful Conduct: North Carolina Court of Appeals Reaffirms In Pari Delicto Defense in Legal Malpractice Actions

What Next Rough Beast….The Second Coming of Nuisance Law Litigation

Alabama Supreme Court Evaluates Ala. R Evid. 702(b)/Daubert in the Context of Crashworthiness Cases

Massachusetts Appeals Court Finds That Attorneys May Have a Fiduciary Duty to Minority Shareholders of Close Corporations Even in the Absence of an Attorney-Client Relationship

The US House Passed the Protecting Access to Care Act of 2017 on June 28, 2017

The Rise of Autonomous Vehicle Technology Means that Insurance Companies Need to Become Just as Innovative in their Product Development

Scientific Literature in the Courtroom

Satellite Witnesses: MDL Courts Increasingly Require Corporate Witnesses to Testify Live Via Satellite, but Other Courts Do Not

Def Con Hacker Conference: An Accidental Tourist’s Observations

Supreme Court Confirms First Amendment Protection of Trademarks

CETA (EU-Canada Comprehensive Economic and Trade Agreement): Is There any Justified Reason to Move from Arbitrators to Judges in the Resolution of Disputes System?

Supreme Court of Florida Rules Medical Malpractice Noneconomic Damages Caps Unconstitutional . . . Again

Supreme Court Holds that Debt Buyers are Exempt from the Fair Debt Collection Practices Act

Why Auto Insurers May Need to Consider Redrafting the "Owned-But-Not-Insured" Exclusion

A Trial Lawyer’s Guide to Effective Legal Writing

Illinois Appellate Court Considers Unfair Labor Practice Charge Where Union Jobs Are Replaced by Technology

Standard of Review

Informed Consent, Experts and Openings

Clarity on the Horizon? Another Appeals Court Grants En Banc Review of Sexual Orientation Discrimination under Title VII

What Is a Patent? The Constitutionality of Claim Invalidation in Inter Partes Review and ITC Proceedings

Digitalization and Automatization and Their Impact on the Global Labor Market

EPA Administrator Delegates Approval of Superfund Remedies Costing More Than $50 Million to Himself

Captive Insurance Company Claims: Problems that Can Arise When Captives Dispute (or Should Dispute) Claims Made by Their Parent

Digitalization and Automatization and Their Impact on the Global Labor Market

Class Actions – A History of Class Actions and Recent Legislative Amendments and Proposals

Reverse False Claims Update: No False Claims Act Liability for Merely Failing to Report Leaks of Toxic Substances

Doe v. Backpage.com and its Aftermath: Continued Uncertainty and New Litigation in the Wake of the Supreme Court’s Denial of Certiorari

So You’re Telling Me There’s a Chance: Vacatur of AAA Arbitration Awards in North Carolina

What a Tangled Web We Weave When First We Practice to Deceive: Transparency in Asbestos Trusts

Incorporating Technology into the Management of the Work Processes at the Firm

Declining to Raise Its Standards? The Florida Supreme Court Rejects the Daubert and Same Specialty Amendments

Limiting the Application of Kesner Beyond California: A Road Map

Ohio Supreme Court Considers Manufacturers’ Postmarket Duty to Warn Consumers

What You Should Know About the New Illinois Limited Liability Company Act

Lawsuit Alleges Liability against Hotel Owners Related to Sex Trafficking

Re-Thinking the Collateral Source Rule

Defending Damages Claims Involving Foreign Plaintiffs

Ready or Not, Here it Comes: How Current Regulations Must Adapt to the Development of Driverless Trucking Fleets

The Impact of Outside Counsel Guidelines on Environmental and Mass Torts Practice

Personal Jurisdiction Post-Daimler – As Plaintiffs Test Exceptions to Daimler’s Narrow Path, All Eyes on Appellate Courts

Personnel Data Within the Group – An Internal Matter (or Not)? A European/German Perspective

"The First Thing We Do, Let’s Kill All The Lawyers"

Illinois Appellate Court Decision May Expand Scope of Potential Apparent Agency Claims

The Duty to Preserve Electronic Evidence in the New Age of Transportation Under Amended FRCP 37(e)

What Employers should know about the January 27, 2017 Executive Order Concerning Visa Issuance and Travel into the United States

Case Management Lessons Learned from the Lone Pine Controversy in the Zimmer MDL

Medicare Secondary Payer Act Claims Present Problems for Claimants Counsel, Insurance Counsel, and Malpractice Counsel

Consideration and Non-Compete Agreements: The State of the Law in Illinois

The Patent Ineligibility Tsunami: The Impact of the Mayo and Alice Decisions on the Future of Innovation

Ethical Issues for Defense Counsel: The Tri-Partite Relationship

Death with Dignity---An Analysis of the Future Impact on Litigation

WHAT ROUGH BEAST… The Prospect of another Mass Tort Scourge on American Commerce

Expanding "Best Practices" to all Aspects of the Insuring Process so as to Avoid Bad Faith Claims

What’s in a Name? Everything for Looming Arkansas Tort Reform

New Overtime Rules Mean Change is Coming for all Employers – Transportation Industry Included – or Do They?

Immunizing Pharma Liability: Maternal Vaccination and Manufacturer Risk

Please Call Again: The Supreme Court Declines to Rein in TCPA Litigation

For Design Defect Cases, Alabama’s Alternative Design Requirement Just Got Tougher

Reopening the Door to Climate Change Litigation – Oregon Federal Judge Finds That the Right to a Climate System Capable of Sustaining Human Life is a Fundamental Constitutional Right

A Primer for Understanding Blockchain

No Harm, but Still a Foul? Application of the Supreme Court’s Punitive Damages Jurisprudence to Actions Seeking Statutory Damages

Other Purposes: Admissibility of Evidence of Insurance under Federal Rule of Evidence 411

President-Elect Trump, the Affordable Care Act and Future Medical Damages Defenses

General Jurisdiction via State Registration Statute – Consistent with Daimler? – Part II

International Conflicts of Service

Defend Trade Secrets Act of 2016

Reaching Critical Mass: Adverse Event Reports and the Duty to Warn in Pharmaceutical Product Liability Litigation

Fifth Circuit Bursts Plaintiff’s Bubble in Benzene Case

The Rights of Transgender People – More than a Minor Minority Issue

The Canadian Judicial Takeover Law Landscape

Ohio Court of Appeals Evaluates Offsets, Caps and Informed Consent

Social Justice Pro Bono Committee Kicks Off Its First Year with Numerous Pro Bono Engagements

Enforcement of and Challenge to Arbitral Awards in Canada

How to Use the Affordable Care Act to Challenge Damages

Background Materials for "How to Use the Affordable Care Act to Challenge Damages"

The Use of Computer-Generated Animations and Simulations at Trial

International Perspectives on Arbitration Confidentiality

Northwestern University and College Athletes Players Association

O'Bannon v. NCAA

NCAA Student Athlete Concussion Injury Litigation

Berger v. NCAA, et al.

Rock v. NCAA

Update on Transgender Rights in the Workplace

EEOC Recognition of a Title VII Cause of Action for Transgender Individuals

Enforcement of International Arbitral Awards in China

Enforcement of International Arbitral Awards in Canada

Enforcing International Arbitration Awards in the United States

Enforcement of Foreign Arbitral Awards in Ukraine

The Time Has Come for Courts to Respond to the Manipulation of Exposure Evidence in Asbestos Cases: A Call for the Adoption of Uniform Case Management Orders Across the Country

Asbestos Litigation and the Bankruptcy Trust System: Mastering a Plaintiff's Game

A Look Behind the Curtain: Public Release of Garlock Bankruptcy Discovery Confirms Widespread Pattern of Evidentiary Abuse Against Crane Co.

The Waiting Game: Delay and Non-Disclosure of Asbestos Trust Claims

"The Need for Transparency in the Asbestos Trusts" - Testimony

Cyber Armageddon: Ten Ways to Protect Your Law Firm from Annihilation

Top 10 Ways to Protect Against Cyber Armageddon

Arbitration in Bermuda

A Commentary on the United Kingdom's Reappraisal of the Law as it Relates to Insurance Contracts

A Brief Overview of Prescription Narcotic for Attorneys

The Expansion of Public Nuisance Actions into Product Liability Litigation

Opioid Overuse and Workers' Compensation

Opiates: A Brief Overview: What Does Science Say? PowerPoint

Lloyd's in America

London Market 101

Joint Status Report

Joint Preliminary Report

Case Management Order No. 1: Setting Pretrial Deadlines

Joint Notice of Agreed Case Management Order No. 3

Parties Agreed Case Management Order No. 3

Order - BlueCross BlueShield Antitrust Litigation

Memorandum Opinion-Blue Cross Blue Shield Antitrust Litigation

Defendants' Status Report Regarding Case Management - Blue Cross Blue Shield Antitrust Litigation

Provider Plaintiffs' Submission Regarding Streamlining of the Litigation, Class Certification and Trial - Blue Cross Blue Shield Antitrust Litigation

Reply in Support of Provider Plaintiffs' Submission Regarding Streamlining of the Litigation, Class Certification and Trial-Blue Cross Blue Shield Antitrust Litigation

Defendants' Supplemental Submission Regarding Case Management- Blue Cross Blue Shield Antitrust Litigation

Subscriber Plaintiffs' Post-Hearing Submission in Support of Their Proposal to Streamline the Litigation - Blue Cross Blue Shield Antitrust Litigation

Case Management Order - Actos Products Liability Litigation

Litigate the Torts, Not the Mass: A Modest Proposal for Reforming How Mass Torts are Adjudicated

Satellite Witnesses: Can Corporate Witnesses be Required to Testify Live From Across the Country?

Antitrust Lawsuits Target Blue Cross and Blue Shield

Explaining Complex Commercial and Business Concepts to a Jury Without Peers

Disruptive Demography: The New Business of Old Age

How Technology Will Transform Retirement

Older Adults' Adoption of Technology: An Integrated Approach to Identifying Determinants and Barriers

Navigating Longevity and Mapping the New Frontier of Financial Advisory Value

Managing Financial Well-Being in the Shadow of Alzheimer's Disease

Fidelity Slides - PowerPoint

What Class Actions in Canada May Mean for the United States

Surety in the 21st Century: Everything Old is New Again

Mastering the Unspoken Word: A Trial Advocate's Guide to Body Language

"The Articulate Advocate" Book Review

Arbitration-A Shifting Landscape

Legal Jiu Jitsu: How to Turn the Tables on the Plaintiff Bar's Advertising Juggernaut

Drone Law and Drone Regulation: A Primer

The Recent Use of RICO to Fight Toxic Tort Abuse

The Rise of Litigation Funding

New Jersey Judge Tosses Ovarian Cancer Talc Cases Based on "Narrow and Shallow" Testimony of Plaintiffs’ Experts

Transparency Needed as Third-Party Litigation Funding Enters the Mainstream

False Claims Act Liability for Failure to Make Required Toxic Risk Disclosures

Hively v. Ivy Tech Comty. Coll., S. Bend, 15-1720, 2016 WL 4039703 (7th Cir. July 28, 2016): Sexual Orientation Discrimination not (yet) Covered by Title VII

Illinois Appellate Court Addresses Issues Regarding Apparent Agency, Consent Forms, and a Non-English Speaking Patient

Independence Day

In Re Reglan Litigation: New Jersey Supreme Court Holds that Failure to Timely Update Claims Against Generic Drug Manufacturers Are Not Pre-Empted by Federal Law

The Reinsurance Market in Brazil

Chevron Strikes Back Against Fraudulent Judgment

The EU Blue Card

The Supreme Court Weighs in on Implied Certification Theory of FCA Liability

Are You Defending Your Clients Where They Don't Belong? Corporate Defendants' New Potent Defense is Personal (Jurisdiction, That Is)

The Telephone Consumer Protection Act, Rule 23, and the FCC Declaratory Ruling and Order: The Approaching Tsunami of Litigation for Business-to-Consumer Calls

The Attorney-Client Relationship in the Electronic Age

The US Food and Drug Administration-European Medicines Agency Collaboration in Pharmacovigilance: Common Objectives and Common Challenges

The European Medicines Agency: An Overview of Its Mission, Responsibilities, and Recent Initiatives in Cancer Drug Regulation

EU Medicines Agencies Network Strategy to 2020

Organisational Chart

Road Map to 2015: The European Medicines Agency's Contribution to Science, Medicines and Health

The European Regulatory System for Medicines and the European Medicines Agency

Negotiating Resolution of CWA Citizen Suits and 60-Day Notice Letters "Tactical Tips and Practical Strategies"

Law Firm Data Breaches: Minimizing the Risks and Meeting the Lawyer's Obligations

Men - The Key to Advancing Women

Sponsoring Women: What Women Need to Know

Sponsoring Women: What Men Need to Know

Tangible Results Speak Louder Than Well-Intentioned Inclusion Words

Qualitative Jury Research in the Litigation "Life Cycle"

Defendant's Memorandum in Opposition to the Imposition of any Sanctions Regarding In-court Camera and Shadow Jury - Redacted

Motion to Quash and Subjoined Declaration - Redacted

Transcript of Proceedings - Redacted

Technology Trending In and Out of the Courtroom

Don't Get Thrown Out of Court: Common Mistakes in Establishing Federal Subject Matter Jurisdiction

Obesity as a Disability Under the ADA

A European "State of the Union" on Equal Treatment in Employment for Persons with Disabilities

The Ghost in Our Genes: Legal and Ethical Implications of Epigenetics

The New Normal: International Litigation and Its Implications for Trial Lawyers

Critical Issues for Foreign Defendants in International Trade Secrets Litigation

Recent Trends in International Product Liability Litigation

Evidentiary and Procedural Issues in Multi-Jurisdictional Intellectual Property Litigation

Attorney-Client Privilege

In Re Seoquel Products Liability Litigation - Order

In Re Vioxx Products Liability Litigation - Order

Protective Orders and Discovery Sharing: Beware of Plaintiffs Bearing Sharing Agreements

Ethical Duties Under California and the ABA Model Rules Establish Attorneys Cannot Provide Competent Representation Unless They Understand ESI and eDiscovery

How Sophisticated Does Our Governance Need to Be?

The Special Role of Owners on Family Business Boards

Why There is No One-Size-Fits-All for Family Business

How to Slay the Cyber Dragon: Lawyer-Supervised Privacy Programs

Start with Security: A Guide for Business

Protecting Personal Information: A Guide for Business

Guide for Developing Security Plans for Federal Information Systems

Computer Security Incident Handling Guide

Taking Action: Recognizing and Responding to Depression, Suicide, and Substance Abuse in the Legal Profession

Dealing with Difficult Clients: Walking the Ethical Tightrope

The Number of "Occurrences" Dilemma

Defending Against Inflated Life Care Plans

Immigration Court Practice Manual

Search Warrant Checklist Example

Company Policy Regarding the Execution of a Search Warrant at Company Facility

Memo to Employees

The 2015 Amendments to the Federal Rules of Civil Procedure: Guide to Proportionality in Discovery and Implementing a Safe Harbor for Preservation

The Next Generation: Upgrading Proportionality for a New Paradigm

The 2015 Civil Rules Package As Transmitted to Congress

Stand Out Among Your Peers: How to Avoid the Seven Deadly Sins of Lawyer Bios

Seven Critical Components of Law Firm Branding

The Power of Applied Memory

Diversity in Practice: Weighed Down by an Anchor

Diversity in Practice: The Status Quo Bias

Diversity in Practice: What Does Your Brain 'See?'

A Conversation with an Implicit Bias Skeptic

Implicit Bias Quick Facts Sheet

Human Trafficking in the 21st Century: Conceptual Frameworks and Responses

Appendices to Human Trafficking in the 21st Century: Conceptual Frameworks and Responses

Innovator Liability in Canada

Lead in the Water- The Flint Water Crisis

Electronic Health Records: The Future of Standard of Care?

Controversial ABA Alternative Business Structures Proposal Stalls…Again

New York Courts Continue Raising the Bar for Plaintiffs’ Proof of Causation

Internet of Things – Work 4.0 – Working When and Where It Is Convenient?

It’s all Change, all Change here in Great Britain

If it’s not in the Record, it Never Happened: Preserving the Record on Appeal

Understanding the Defend Trade Secrets Act of 2016: "We're Not in State Court Anymore"

Illinois Supreme Court Limits Claims of Privilege in Negligent Credentialing Cases

So You Want to be a Mediator? Brief Thoughts on Traits for Effective Mediators and Becoming an Effective Advocate for Your Client in the Mediation Process

Welcome to my Nightmare! The Second Circuit Determines De Novo Review is Warranted for Failure to Strictly Comply with ERISA Claim Regulations

Recent Drug Litigation – Marijuana Products

The Number of "Occurrences" Dilemma

Tyson Foods, Inc. v. Bouaphakeo, et al.: Employees Win on Liability, but Will They Ultimately Bring Home the Bacon?

Business Litigation- Double Issue

Crumb Rubber Turf Wars: The Synthetic Turf Fields Investigation

Proportionality and Reasonableness: Using the 2015 FRCP Amendments to Rein in Discovery

It is Time to Amend Federal Rule of Evidence 702

What’s New in Immigration? A Few Thoughts for 2016

Fracking and Concussion Claims Continue to Impact the Legal Landscape

The Art and Science of Closing Arguments

Reptile Mediation? Washington Federal Court Considers, Then Rejects, Proposal to Disadvantage Insurers in Mediation

A Victory for Business Owners in the War of "Employee v. Independent Contractor"

Moving Beyond Communication to Connection: Getting the Most out of Your Interactions with Others

Tooey’s Trail of Trepidation: The Impact of the Tooey Decision on Asbestos-Related Claims Against Employers

Federal Court in Pennsylvania Issues Ruling Modifying Test for Duty to Defend in Cases Involving Named Insured's Employee's Claim Against Additional Insured

Intellectual Property in Ukraine after the Association Agreement: On the Way to an Effective Level of Regulation

Catching Up On Medical Malpractice Opinions From 2015 – Part II

Supreme Court Grants Review in Health Care False Claims Act

Fifth Circuit Finds Common Sense Inferences Support Mass Action Removal

Vacating Arbitration Awards Due to "Evident Partiality" Under the Federal Arbitration Act

Catching Up on Medical Malpractice Opinions from 2015

Business Litigation- Double Issue

Trial Techniques and Tactics- Double Issue

No ‘Good Reason’ for a Second Bite at the Apple: Recent Nevada Supreme Court Decision on Nonmutual Claim Preclusion May Prove Useful for Legal Malpractice Defense Counsel

Privilege Issues for In-House Lawyers—Foreign and Domestic—in U.S. Litigation

Cyber Armageddon: Survival or Annihilation?

DOJ’s Yates Memorandum: Focus Enforcement Efforts on Individuals

Eight Circuit Rejects Class Certification for Nuisance Claims Based on Fear of Contamination

Ignoring Your State’s Contemporaneous Objection Rule Can Put Your Hard-Earned Defense Verdict at Unnecessary Risk

Delaying Tactics: How Delayed Flights Became Such a Burden to Airlines — and What They Can Do About It

Too Late to Remove? Maybe Not…

Ohio Takes a Closer Look at Foreseeability

Allocating Losses Arising From Construction-Defect Claims Among General-Liability-Insurance Policies: Competing Jurisdictional Approaches

Depositions Overseas or Deposities in Het Buitenland

Diversity Removal of a Limited Liability Company to Federal Court: Pitfalls and Practice Tips

Fifth Circuit Signals to NLRB to Show Respect and Shun Sophistry

Take-Home Asbestos and Toxic Tort Litigation – Bringing Home More than the Bacon

Business Litigation- Double Issue

Establishing a Pro Bono Program

Energy and Arbitration Go Together: It’s Almost 2016, Do you Know Where Your Arbitration Clause is? ADR in the Energy Sector and Beyond

A Comparison of the Prescription Drug Monitoring Programs (PDMPs) For Three States with a High Public Health Burden of Prescription Drug Abuse: West Virginia, Ohio and Kentucky

Duty to Settle When Faced with Multiple Claims and Limited Policy Limits

General Jurisdiction via State Registration Statute – Consistent with Daimler?

Ethical Considerations for Sharing Documents in the Cloud

Business Litigation- Double Issue

General Jurisdiction via State Registration Statute – Consistent with Daimler?

Recent Regulatory Interpretations and Court Decisions on the Employment/Independent Contractor Relationship between Drivers and Transportation Network Companies

Lottery Tickets and Leaky Windows: Florida Courts Tackle Enforcement of Oral Contracts

Kentucky Supreme Court Allows a Foot in the Door on Ex Parte Treating Physician Communications by Defense Counsel

Pennsylvania Supreme Court Holds Insured’s Can Settle Without Insurer’s Consent When Insurer Defends Under Reservation of Rights

Insurance Coverage for Product Disparagement Claims – A Survey of Conflicting Case Law

West Virginia Amends its Medical Professional Liability Act

Security Software Vendors Battle Against Impending Strict Products Liability

Transportation Network Companies: Recent Regulatory Challenges and Proposed Regulations

Federal Insurance Office Proposes Regulations Defining Affordable Automobile Insurance

Mass Torts and Arbitration: Lessons From Abaclat v. Argentine Republic

Collective Consumer Arbitration in Spain: A Civil Law Response to US-Style Class Arbitration

Tangible Results Speak Louder Than Well-Intentioned Inclusion Words

The "n"-Word: (N)Ever Contextually Appropriate, In the Workplace?

Minority Powerbrokers Q&A

Deliver Us From Evil Error: Recent Victories and Successful Strategies for New Life in the Daubert World

Understanding a Company's General Ledger for the Business Litigator

A Window on Canadian Class Action Settlement Approval

Structure of Pella Settlements Chart

The MSP and the False Claims Act: The Government's Most Potent Recovery Tool

Are You Ready for Your Close-Up? A Criminal Practitioner's Primer on Dealing with the Electronic Media

Dealing With the Media in a High Profile Case

State Attorney General Litigation Against Pharmaceutical Companies

The New "Brave New World" of Litigation PowerPoint Presentation

Arbitrability of Class Actions: Who is the Decider?

Who Resolves Class Arbitrability?

Award on Motion to Certify Class

Partial Final Clause Construction Award

Preliminary Award on Hobby's Request to Allow Class Action

Amicus Brief - American Arbitration Association

"Decades of Lore" Revisiting Coal Ash Litigation

The Tripartite Relationship: Issues and Answers - Table of Materials

Principles of the Law of Liability Insurance, Tentative Draft No. 2

Professional Responsibilities of Insurance Defense Counsel

Insurance Defense Ethics

The Model Rules of Professional Responsibility and the Tripartite Relationship

Selected Rules of Professional Conduct (Ohio RPC 1.8 and Florida Rule 4-1.8)

Summary Judgment and Determination of an Issues Before Trial

Summary Judgment: Early Origins to Hryniak

Constitutional Challenges to Non-Economic Damages Caps - The Florida Experience

Survey of Statutory Caps by State

Overview of the Effect of Misclassification of "Independent Contractor" Truck Drivers

Court Order - Petition Granted

Letter to Court of Appeals

Additional Letter to Court of Appeals

Brief for the US Chamber of Commerce

DC Circuit Opinion Granting Stay

DC Circuit Opinion

En Banc Denial Order

Corrected Mandamus Petition and Appendix

Mandamus Reply

Supplemental Reply Brief

Corrected Combined Response to Motion for Stay

Response to Amicus Brief

Bush v. Gore: A Retrospective with Their Counsel and Former Florida Supreme Court Chief Justice

Ahead of the Curve: Three Big Innovators in Big Law

A Counterpoint to "The Most Robust Legal Market That Ever Existed in this County"

Is the Legal Profession Showing Its Age? The Growing Number of Law School Graduates Who Never Become Lawyers

Living Through a Paradigm Shift

What Ails the Large Law Firm?

Dealing with the Difficult Lawyer or When is Kickboxing Appropriate for an Officer of the Court?

Eight Tips for Dealing with a Rambo Lawyer

It Was the Best of Times, It Was the Worst of Times: The Tale of Unpaid Internships in the U.S.

Appendix

Poor Job Performance that Would be Cause for Dismissal in Many Jurisdictions May Not Warrant Termination in Japan

HIPAA and HI-TECH: An Anachronistic Analysis of the Impact on Medical Records, Health Insurers and Lawyers Representing These Insurers

New Discovery Rules to Rein in Litigation Expenses

The Civil Rules Package As Approved By the Judicial Conference

A Dutch View on Discovery: Short and Sweet

Discovery in Multi-Jurisdictional Disputes PowerPoint Presentation

Law of the Jungle: Chapter 14

Supplement to the Joint Motion of Certain Defendants for Sanctions, to Re-Open Discovery, and for a Continuance

The Friendly Quebec Class Action Landscape

Australian Class Action Risk: A Ten Year Survey

Science Before The Law or Cart Before The Horse – Protecting Scientific Integrity at the Courtroom Door

Illinois Court Reaffirms Protection for Hospital Credentialing and Privileging Decisions

Re-Examining the Learned Intermediary Doctrine: The Age-Old Theory Appears Alive and Well

EPA Study Released: No Evidence that Hydraulic Fracturing has Systemic Impact on Drinking Water

Fitbit Data Brings Another Dimension to Evidence

Proof of Patent Damages: A Korean Approach

Illinois Court Considers Physician Lawsuit Seeking Information Used by Hospital in Assessing Potential Employment

Increased Viability of Divisibility Defense Under CERCLA

Supreme Court to Resolve Split on Whether Rule 68 Offer Moots Claims Prior to Class Certification Motion

When to Show Your Cards: Strategic Considerations for When to Use Damaging Information on Your Opponent

Protective Orders and Discovery Sharing: Beware of Plaintiffs Bearing Sharing Agreements

Proximate Causation, Mitigation of Damages, and Avoidable Consequences: The Best Defense is a Good Offense

Who’s Driving this Bus? Issues Involving the Tripartite Relationship

Spotting the Ambush: NLRB’s "Quickie" Election Rules

Business Litigation- Double Issue

Medical Defense and Health Law Committee Newsletter- Double Issue

Satellite Witnesses: Can Corporate Witnesses be Required to Testify Live From Across the Country?

Can the New Illinois Asbestos Exemption Amendment to the Construction Statute of Repose Revive Time-Barred Claims?

Cyber Security for International Lawyers

Health Insurers Confronting New Challenges From Individual Insureds and Providers

A "Common Sense" Ruling Regarding Telecommuting and Disability Accommodation

"Whole Lotta Shakin’ Going On" – The Second Verse: Continued Studies Linking Fracking and Earthquakes

Self-Driving Technology and Autonomous Vehicles: A Whole New World for Potential Product Liability Discussion

Cyber Security for International Lawyers

No Really, We Didn’t Make That Drug…

Recent Developments in Medical Monitoring Case Law: Pleadings-Stage Dismissal in California, and Updates from Other Jurisdictions

Supreme Court’s Decision in Discrimination Case Creates New Standard, Prompts Review of Employers’ Pregnancy Accommodation Policies

Consent Provisions in Lease Agreements: Must the Lessor Act Reasonably?

Concussions Reverberate from the Pros to Pop Warner

Watts v. Medicis Pharmaceutical Corporation – Trend or Outlier? Why This Case Should Remain on the Outskirts

A New Paradigm for Damage Calculations: Plaintiffs Not Offering Medical Bills

Alabama Supreme Court Upholds Landmark Ruling that Brand-Name Drug Manufacturers Can be Held Liable for Injuries Caused by Generic Drugs

The Year of the Cyber Breach

Use and Abuse of "Historical Experts" in Toxic Tort Cases

Two Significant December Decisions: Pennsylvania Supreme Court Declares Insurance Bad Faith Claims Assignable and Court Examines “Multiple Trigger Theory in Asbestos Cases

Interview of the 2015 Trial Academy Director Spencer Silverglate

To Fly or Not to Fly? The Current Landscape for Civilian Unmanned Aircraft

Electronic Communications Containing Protected Health Information

Employment Law March 2015 Double Issue

Does the Illinois Public Construction Bond Act Really Transubstantiate a Subdivision Improvement Bond into a Public Work Performance and Labor & Material Payment Bond?

Comcast v. Berhrend: Was the Optimism Warranted?

Legal Issues for the Product Liability Blogger

The False Claims Act Yesterday and Today

A Commentary on the United Kingdom’s Reappraisal of the Law as it Relates to Insurance Contracts

Business Litigation February 2015 Double Issue

IADC ESI Playbook

Lone Pine Orders and Proposed Revisions to Rule 26(B)(1)

No Good Deed Goes Unpunished: No Expansion of Relief Under ERISA

Treaters and Prescribers: To Sue or Not to Sue

The Tide Has Turned: An Update Regarding the Evolution of the Intra-Firm Attorney-Client Privilege