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Apple v. Samsung - What Happened - What's Next?

On Friday, August 24, a nine member jury entered a verdict in favor of Apple and awarded almost $1.05 billion in damages.  Apple filed suit against one of its largest competitors, Samsung Electronics,...

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Three (or is it Four?) Teams on This Legal Gridiron

With the preseason underway and the regular season right around the corner, football fans are gathering in front of their TVs and crowding stadiums across the country with copious amounts of food and...

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Ethics 20/20: The Impact of Technology

Every day, we see the impact of technology on the practice of law. Blogs, social networking, electronically stored information, and other legal resources create enormous economies and unprecedented...

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Class Actions and The Supreme Court

As the rest of us return from the last long weekend of summer, the U.S. Supreme Court send us scurrying back to our computers this morning with news that it has accepted Travelers' cert petition in...

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Diversity and Voir Dire: Why Attorneys Should Use Diversity to Relate to Jurors

IntroductionCases can be won and lost on voir dire. Success in jury selection relies on an attorney's interpersonal skills, mainly an attorney's ability to stand in front of a group of strangers and...

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RETAILERS WHO “SPY” BEWARE

Retailers providing consumers with electronics on a rent-to-own basis face many challenges in ensuring that they are paid for the electronics that they rent.  In particular, computers are small and...

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Thirty-Six Million Have Participated in Class Actions and It’s Not for the Money

An astounding four out of ten Americans have been invited to participate in a class action suit. Fifteen percent, the equivalent of 36 million people, actually participated in one, and most do not...

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It’s a bird, it’s a plane, it’s a … barber? Barbershop Sued by DC Comics over...

DC Comics has filed a trademark infringement suit against a Florida barbershop owner in federal court.  The suit accuses the owners of “Supermen Fades to Fros LLC” of using signs, promotion materials...

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Rent to Own Computers and the FTC

Wired Magazine recently reported that seven rent-to-own companies and a software manufacturer are settling charges with the Federal Trade Commission.  The charges claimed that computers rented from the...

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Ethics Experts Question Bank of America’s Request for Legal Fee Credit

Bank of America’s new plan to seek reductions in its legal fees from certain outside law firms have some experts questioning the ethics of this unusual practice.  The bank is seeking a credit on its...

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The Benefits Of Joint Representation

It is common in product liability litigation for the defendant company’s outside legal counsel to represent both employees and former employees of the company in deposition. In the absence of a claim...

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NCAA Sends Mixed Signals with New Enforcement Program

On Tuesday October 30th, the NCAA Board of Directors announced the adoption of a new enforcement structure that, among other things, creates additional levels of infractions, enhances accountability...

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Trademark Licensors As "Apparent Manufacturers" In Product Liability Cases

Although by no means a “hell hole” jurisdiction, it is difficult for a peripheral asbestos defendant to obtain summary judgment in Bridgeport Superior Court in Connecticut. Once summary judgment is...

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ON YOUR MARK…., GET SET…., SHOP!

With the start of the holiday shopping rush just a week away, retailers should be mindful of their responsibility to keep customers safe when large crowds gather to take advantage of well-advertised...

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UPDATE: Players Respond to NFL’s Motion to Dismiss Concussion Litigation

On October 31, 2012, lawyers representing thousands of former NFL players filed an opposition brief to the NFL’s current motion to dismiss pending in U.S. District Court in Pennsylvania, insisting that...

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As Rocky Marciano Reminds Us–The Government-Informant Privilege Applies in...

What does Rocky Mariciano, one of the greatest heavyweight boxers of all time, have to do with evidentiary privileges? Plenty, as it turns out, for it was a libel case arising from Mariciano’s comments...

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Climate Change Legislation Post-Sandy

Even before Hurricane Sandy devastated the East Coast, climate change policy had been on the forefront of federal and state legislative agendas.    However, the size and scope of Sandy has brought a...

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“How much is not enough? Blog asks whether class action litigation will...

Law.com’s Legal Blog Watch recently noted a viral Facebook photo involving a “footlong” sandwich that appeared to be less than 12 inches long:...

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A Change in the Insurance Winds–An appellate district split threatens to...

The Zhang case is a dispute following a fire at the plaintiff’s commercial property wherein the uninsured Zhang accuses the defendant-insurer of misconduct. The first two actions in the plaintiff’s...

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Frye Decision in BMW Case Results in Exclusion of Plaintiff's Experts

In a thoughtful decision handed down in Reeps v. BMW of North America, LLC, 2012 N.Y. Slip Op. 33030(u), on December 16, 2012 in New York County Supreme Court, the Hon. Louis B. York excluded the...

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