Jaffe Legal News Service - Articles for PublicationThe Jaffe Legal News Service (JLNS) is a free, weekly email tipsheet sent to reporters and editors who either cover the legal industry or who rely on legal experts as part of their reporting. It is a way for law firms to put their news and the expertise of their attorneys in front of more than 850 members of the media who have opted in to receive the feed and see it as a valuable source for story ideas and analysis of legal topics.Healthcare Practitioners Wise to Employ Double Coverage- (Found June 24, 2008 ) In an increasingly litigious society, most healthcare practitioners carry two types of liability insurance. One form, professional liability insurance, covers injuries that occur to patients during the course of treatment. The second type, comprehensive general liability coverage (CGL), insures liability claims related to slips and falls and similar injuries that occur on the property of a healthcare facility. In some instances, the applicable coverage is clear. Often times a grey area exists,..http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=7800&Sec... Medical Monitoring: Still Bad Medicine, Still Bad Law- (Found June 24, 2008 ) Despite the fact that the U.S. Supreme Court ten years ago rejected medical monitoring - where healthy individuals are awarded damages after possible exposure to hazardous substances in order to undergo screening tests for problems they may never develop — as a cause of action, a recent spate of verdicts and settlements in several states seems to have revived interest in pursuing these claims. "Medical monitoring wastes judicial and societal resources, and it debases the court system by...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=6816&Sec... Chilly U.S. Commercial Real Estate Market Presents Opportunities for Overseas Investors- (Found June 24, 2008 ) Investors in United States commercial real estate now face a "chilled" financing environment, with many mortgage lenders moving to the sidelines and others requiring higher interest rates and offering lower loan proceeds. "As a consequence of this environment, cash purchasers, particularly those with cash denominated in Euros or purchasers needing lower levels of financing, currently possess a significant economic advantage for acquisitions in the U.S. and have an opportunity to strike very...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=6461&Sec... Commercial Landlords Could be Liable for Tenants Dealing in Counterfeit Goods- (Found June 24, 2008 ) With the sale of counterfeit goods a growing problem that costs American businesses billions of dollars annually, courts are looking for more tools to combat the issue - and acting against commercial landlords could be next on the agenda. "While neither the Copyright Act nor the Lanham Act provides a cause of action against a commercial landlord for tenants dealing in counterfeit goods, the courts seem more and more willing to consider charges of vicarious liability or contributory...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=6342&Sec... Got Litigation Consider Using Separate Settlement Counsel- (Found June 24, 2008 ) Though the idea of retaining separate settlement counsel goes back at least 20 years, the practice has been a bit slow to catch on. "This is particularly surprising given the many advantages, both in terms of cost and simply managing the litigation process more effectively," says William C. Crenshaw, a partner in the Litigation Practice Group at Powell Goldstein LLP (Washington). Crenshaw says using separate settlement counsel allows litigation counsel to do what they do best — litigate...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=6343&Sec... When Employees Testify as Experts: Problems for Discovery- (Found June 24, 2008 ) Though most attorneys recognize the broad discovery requirements for testifying expert witnesses, they may not fully understand the difference when a company's employee or longtime consultant is the expert, as opposed to the traditional "hired gun" retained solely for that case. "Fourteen years after the 1993 amendments to Rule 26, courts continue to differ over how to treat so-called employee experts," say Shawn Patrick Regan and Paulo Roberto Lima, partner and associate, respectively, in the..http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=6257&Sec... Record U.S. Supreme Court Term for Antitrust- (Found June 24, 2008 ) The June 2007 Supreme Court term was one of most antitrust-focused terms in history, says Wesley R. Powell, a partner in the Global Competition Practice Group at Hunton & Williams LLP (New York). "The court issued several significant decisions in a number of key areas - limiting the availability of antitrust enforcement in the securities industry, heightening the pleading standard for antitrust conspiracies, and overturning the long-standing rule that minimum resale price maintenance...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=6176&Sec... UK Case Explores Copyright Infringement of Computer Programs- (Found June 24, 2008 ) A recent case in England's High Court, (Nova Productions Limited v. Mazooma Games Limited and others and Nova Productions Limited v. Bell Fruit Games Limited), addressed copyright infringement issues as related to computer programs. The claimant, Nova Productions, commenced two sets of copyright infringement proceedings in respect of a pool themed computer game it had developed called 'Pocket Money'. The defendants had each subsequently developed their own pool themed games, which, the claimant.http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=6024&Sec... Protecting Trade Secrets in the Blogosphere- (Found June 24, 2008 ) Though the Internet has made many things possible through the advent of instant communication, it has made protecting trade secrets far more difficult — particularly when it comes to the anonymity of the blogosphere. "Essentially, the Internet provides the opportunity to publish, instantaneously, anonymously and at a nominal cost, on any topic, to a potential audience that represents approximately one seventh of the world's population," says William R. Denny, a partner with Potter...http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=5989&Sec... Balancing Act: Handling the Legal Ethics of Sting Operations- (Found June 24, 2008 ) It's a conundrum for lawyers who work with clients on anti—counterfeiting programs: how to guide them through a sting operation without compromising ethical obligations. "Sting operations are a key element of any anti—counterfeiting initiative, but they do pose ethical concerns for lawyers," says Brian W. Lewis, a litigator with Wildman Harrold LLP (Chicago) who develops and implements anti—counterfeiting programs for clients such as the electronics manufacturer Square D. "At..http://www.jlns.com/index.cfm?fuseaction=Home.ShowArticleDetail&ArticleID=6911&Sec... |
