September 07, 2018 | New York Law Journal
Privacy and Protective Confidentiality OrdersIn his column on Complex Litigation, Michael Hoenig encourages use of the protective order: a flexible device that harmonizes the demanding party's need for access with the producing party's competing right to privacy.
By Michael Hoenig
11 minute read
August 16, 2018 | New York Law Journal
Has Federal Pre-emption Killed Drug Design Litigation?The common law of products liability traditionally posits three major theories of liability: defectively manufactured products; defectively designed products; and those rendered defective because of absent or inadequate warnings.
By Michael Hoenig
10 minute read
July 06, 2018 | New York Law Journal
Vacation Dangers: Liability Considerations When You're 'Getting Away'Complex Litigation columnist Michael Hoenig writes: While the notion of “getting away” is understandably attractive and exciting, dangers lurk in many of these exploits. Vacationers, in unfamiliar surroundings, doing things they may not physically be prepared for, and taking risks they are not fully aware of can suffer injury, illness, even death while vacationing.
By Michael Hoenig
1 minute read
June 13, 2018 | FC&S Insurance
Distracted Driving and Liability Considerations: A Thriving IssueThe National Highway Traffic Safety Administration (NHTSA) says distracted driving is dangerous claiming 3,450 lives in 2016 alone. The safety agency adds…
By Michael Hoenig
9 minute read
June 12, 2018 | New York Law Journal
Distracted Driving and Liability Considerations: A Thriving IssueComplex Litigation columnist Michael Hoenig writes: The National Highway Traffic Safety Administration (NHTSA) says distracted driving is dangerous claiming 3,450 lives in 2016 alone. The safety agency adds that 391,000 persons were injured in motor vehicle crashes involving distracted drivers in 2015.
By Michael Hoenig
1 minute read
May 11, 2018 | New York Law Journal
Recoverable Damages in Trade Secret and Unfair Competition ClaimsComplex Litigation columnist Michael Hoenig writes: On May 3, New York's highest court issued a decision clarifying the state's common law on the extent of damages recoverable in cases asserting claims of misappropriated trade secrets, unfair competition and unjust enrichment. Though the holding is important enough on the merits for litigators to digest, there is also some “entertainment” value in seeing how the jurists marshal their arguments. The subject matter is not easy but it is quite relevant in today's litigious, technological world.
By Michael Hoenig
10 minute read
January 05, 2018 | New York Law Journal
Admissibility of Computer-Generated AnimationsComplex Litigation columnist Michael Hoenig revisits the issue of admissibility of computer-generated animations purporting to reconstruct a series of events or an accident.
By Michael Hoenig
10 minute read
November 09, 2017 | New York Law Journal
The 'Driverless' Car Era: Liability ConsiderationsIn his Complex Litigation column, Michael Hoenig writes: By huge advances in computer technology (hardware and software), artificial intelligence, sensors, cameras, radar, and mirrors, a car can be transformed into a platform “intelligent” enough to “self-drive” safely.
By Michael Hoenig
10 minute read
October 06, 2017 | New York Law Journal
Unreliable Methodologies Doom Neck Brace ExpertsIn his Complex Litigation column, Michael Hoenig discusses rulings in 'Lyons v. Leatt Corp.' The rulings are lengthy and detailed, but the reader should not bail out on reviewing them. There are valuable lessons to be learned.
By Michael Hoenig
10 minute read
September 08, 2017 | New York Law Journal
'The Impropriety of Punitive Damages in Mass Torts': Highlights, ObservationsComplex Litigation columnist Michael Hoenig writes: When a scholar of such superior mettle as Cornell Professor of Law Emeritus James A. Henderson Jr. warns against the law crossing the bounds of propriety in mass tort case handling, we ought to pay attention. He recently wrote that despite the legitimacy of punitive damages and mass torts when employed separately, "loud warning signals should sound when, as with drinking and driving, they are combined."
By Michael Hoenig
17 minute read
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