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Defense Counsel Journal articles from October 2005
This publication provides topical and scholarly writings on the law, including its development and reform and the practice of law in the civil defense and insurance fields.
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Defense Counsel Journal archives from October 2005
A time of loss, memories and future opportunities.(President's Page)
October 1, 2005... A number of events prompt me to precede my first President's Page with more important remarks than the ones you normally would read.
Hurricane Katrina
As this issue goes to press, New Orleans is just starting to re-open for business...
Defending the informed consent case: analyzing the materiality of the risk, causation, and expert testimony requirements.
October 1, 2005... A PATIENT'S physician should provide him or her with relevant and material information regarding the physician's proposed treatment. Disclosing information relating to patient treatment enables the patient to knowingly consent to--or to reject...
Composite trademarks: deconstructing the similarity of marks element in a trademark infringement action: what really creates a likelihood of confusion?
October 1, 2005... THE analytical inquiry underlying the similarity of marks assessment in a trademark infringement action involves numerous considerations. This analysis is complicated when comparing marks that include distinct, multiple words, and/or graphics,...
Proposed amendments to the Federal Civil Rules strike a healthy balance: how will the proposed e-discovery rules influence your practice?
October 1, 2005... BY the time you read this article, the proposed amendments to the Federal Rules of Civil Procedure governing the discovery of electronically stored information are likely to have been approved by the Judicial Conference of the United States....
The learned intermediary doctrine and beyond: exploring direct-to-consumer drug advertising liability in the new millennium.
October 1, 2005... DURING the late 1990s, Americans began to experience a dramatic increase in prescription drug advertising created for and directed specifically at consumers. (1) For the first time in history, television and magazine advertisements offered...
Doctors, drugs, and duties to warn: protections afforded medical device and drug manufacturers under the learned intermediary doctrine may be threatened.
October 1, 2005... MEDICAL device and drug manufacturers have always been vulnerable to plaintiffs' allegations that defects in a product's design, manufacture, or warnings violate the manufacturers' common law duties, obligations, or warranties. Traditionally,...
The jury's dilemma: playing God in the search for justice: solving the problems lurking in America's courtrooms.
October 1, 2005... Lives are lost and won in the courts, lost and won in the law--everyday, everywhere... But in the jury room, the thought cannot be avoided, since there you learn that justice doesn't merely happen (neatly, reliably, like a crystal taking shape...
Four practical rules for electronic discovery.
October 1, 2005... IADC members Val Stieglitz and Atiba Adams spoke at a committee presentation at the 2005 IADC Midwinter meeting in Puerto Rico. Their presentation evolved into this piece, originally published in the March 2005 Business Litigation newsletter....
Effective collaboration: twenty practical considerations for corporate counsel.
October 1, 2005... In the July, 2005 Corporate Counsel newsletter, W. Scott O'Connell and Marcus E. Cohn offer twenty practical considerations for corporate counsel in obtaining value from outside counsel while, at the same time, containing costs.
As the...
Ethical considerations of ex-parte communications with company employees.
October 1, 2005... In the June, 2005 Aviation and Space Law newsletter, Thad T. Dameris and his associate Kent A. Radford discuss the ethical considerations that corporate lawyers face when investigations lead to conversations with current and former company...
Reviewing the law reviews: terrorism litigation and protection.(response to Caitlin M. Piccarello, Villanova Sports & Entertainment Law Journal, vol. 12, p. 365, Sept. 2005, Michelle E. Boardman, Georgetown Law Journal, vol. 93, p. 783, 2005 and Robert J. Rhee, Arizona State Law Journal, vol. 37, p. 435, 2005)
October 1, 2005... Law Review Highlights: Terrorism Litigation and Protection
Four years after the terrorist attacks of September 11, 2001, the United States continues to wrestle with the economic repercussions of those events. The American legal system...