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Subject Matter Experts

FCPA Compliance Report-Episode 331, Chris Morton

by Thomas Fox on

In this episode, I visit with Chris Morton, the SVP, Marketing and Corporate Development for Navex, about the firm’s new resource for the Compliance Community, ComplianceNext.com. It is a free, compliance community driven...more

Trust your sushi chef – and marketers.

by Ross Fishman on

[2017 update] I was in beautiful Vancouver, BC speaking to the Managing Partners’ Dinner of the BC Legal Management Association. After the program, one of the managing partners came up to me wanting to discuss his...more

Medical Causation Experts Pass Daubert Test, But Cannot Opine on Plaintiff’s Lack of Capacity to Sign Release

by Reed Smith on

We typically write about product liability cases, not medical malpractice actions. But the two are not mutually exclusive, and similar issues arise in those cases. Medical causation is an issue we often see in both. Capacity...more

Valuing Medical Expenses for a Plaintiff without Health Insurance.

Woodland Hills personal injury lawyer Barry P. Goldberg must value cases based at least in part on the value of the plaintiff’s past medical bills and the value of future medical expenses. Plaintiff trial lawyers struggle in...more

The “Pot, Kettle, Black” Doctrine

by Orrick - NorCal IP Group on

The adage “the pot calling the kettle black”—referring to someone who is guilty of the very thing that he accuses another of—is a bit of equitable common sense that practitioners ought not to forget. In a recent patent...more

Roadmap for a Successful Product Inspection

by Cozen O'Connor on

One of the tasks manufacturing companies frequently face is having their products inspected and tested as part of the pre-litigation or litigation process. While this may sound routine, it is important to have a detailed...more

It’s Called Sputnik!: Don’t Fall Behind in the E-Discovery Space Race

by Exterro, Inc. on

This week marks the 58th anniversary since the launch of Sputnik II, the first spacecraft in history to carry a living animal—a dog named Laika—into Earth orbit. But the Sputnik program, which began the space age in 1957,...more

More Courts take a Narrow View of Subject Matter Waivers

by McGuireWoods LLP on

Thanks to common law developments and Federal Rule of Evidence 502, the frightening specter of subject matter waivers now usually only arises when litigants affirmatively rely on privileged communications to gain some...more

Court Clarifies the Circumstances in which an Expert Determination is Reviewable

by DLA Piper on

The recent decision of the New South Wales Court of Appeal in Australian Vintage Limited v Belvino Investments No 2 Pty Limited [2015] NSWCA 275 has clarified when an expert determination can be reviewed by the court, giving...more

A Remarkable Listener Experience in Compliance

by Thomas Fox on

I listen to several podcasts each week and one of my favorites is ‘The Showrunner’ podcast, co-hosted by Jerod Morris and Jon Nastor. While the basic premise is a podcast about podcasting, I have found it to be much broader...more

Tenth Circuit Rules that False Advertising Plaintiffs Must Alleged Evidence of Implied Falsity and Quantify Damages at Pleading...

by Kelley Drye & Warren LLP on

In a Lanham Act false advertising action by cosmetic surgeons against plastic surgeons – yes, those are two different things – the Tenth Circuit Court of Appeals, in an August 31 opinion, affirmed dismissal of Lanham Act...more

New OSHA Directive to Assist in Early Resolution of Whistleblower Complaints

by Fisher Phillips on

On August 19, 2015, OSHA issued new policies and procedures (Compliance Directive: CPL 02-03-006) for applying a new process for resolving whistleblower disputes. This directive is OSHA’s attempt to institute an early...more

Implicit Bias: Is Expert Testimony Admissible in Discrimination Cases?

by Shipman & Goodwin LLP on

So yesterday, I said that while the topic of implicit bias was important to understand, I indicated that it was far from settled in the legal context. One recent case demonstrates why....more

Lessons from Deflategate: 5 Ways to Avoid Workplace Investigation Fumbles

Over the years, the topic of workplace investigations has gained increasing importance in the HR and employment law world. Now, with investigations routinely making headlines, they have become a part of our popular culture as...more

Little Reprieve for Prisoner Zyprexa Suit

by Reed Smith on

Happy birthday, Louise Fletcher, who won an Academy Award for her portrayal of the sadistic Nurse Ratched in One Flew Over the Cuckoo’s Nest (1975). Happy birthday also to Albert Brooks, writer/director/star of Modern...more

Great Structures Week V – The Tacoma Narrow Bridge Failure and Preventing Failure in Your Compliance Program

by Thomas Fox on

I conclude my Great Structures Week with a focus on structural engineering failures: suspension bridges and the challenges of wind in their construction and maintenance. I am drawing these posts from The Great Courses...more

Great Structures Week III – The Roman Arch and Resourcing Your Compliance Program

by Thomas Fox on

I continue my Great Structures Week with focus on structural engineering innovations from ancient Rome. I am drawing these posts from The Teaching Company course, entitled “Understanding the World’s Greatest Structures:...more

After Claim Construction, District Court Allows Opposing Experts to Testify to Different Definitions of "Using" At Trial and the...

The parties filed opposing motions against each side's expert witness over a dispute between the parties as to what the word "use" means. In its Markman order, the district court had construed the term "Internet Protocol...more

IT Project Disputes Management - Managing the Cloudy Skies

by DLA Piper on

In this issue: - Overview of Presentation - Prevention is better than cure - Fix problems in the design phase - Early diagnosis and treatment of problems - So what do you do? - Areas of major...more

Person of Skill in Art Depends on Claim Scope

by McDermott Will & Emery on

Carl Zeiss SMT GmbH v. Nikon Corp. - The Patent Trial and Appeal Board (PTAB or Board) has explained that arguing a high-level of skill in a narrow art, even in cases involving complex technology, will not exclude an...more

Advertiser Jumps the Gun With Brochure Touting Tests; Fifth Circuit Brushes Off First Amendment Challenge to Lanham Act Claims

Like claims for defamation or commercial disparagement, Lanham Act claims are viable only if they involve statements of fact, rather than opinion. But what happens if an advertising statement concerns an issue that is a...more

Petitioner Authorized to File Sanctions Motion Against Inventor

In Shire Development LLC, LCS Group, LLC, IPR2014-00739, Paper 14 (December 23, 2014), the Board authorized petitioner to file a motion for sanctions after the inventor Dr. Louis Sanfilippo, send an email in violation of the...more

Communications With Experts: Moore v. Getahun and the Advocates’ Society Report

by Dentons on

An expert does not draft his/her report in a vacuum. Communication with counsel is required. Ultimately, an expert must provide independent and objective evidence at a hearing. So the question arises as to what amount of...more

Admission of Former Employees as Consultants under GAO Bid Protest Protective Orders

by Perkins Coie on

Tight deadlines apply to bid protests at GAO, including the admission of consultants under protective orders to provide technical, quantitative or other specialized knowledge useful to the litigation. GAO generally allows...more

Are You Facing the Prospect of a Merger Investigation?

by BakerHostetler on

If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone...more

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