NEXT
Sign in to follow

The Legal Intelligencer

Beware: Texts and Wearable Data Must Be Preserved, Too

Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.
8 minute read

The Legal Intelligencer

Possession, Custody or Control: A Perennial Question Gets More Complicated

The perennial question of “possession, custody or control” may become more complicated in light of the U.S. Supreme Court recently granting certiorari in the landmark case of In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft. Companies will need to watch for this decision and its potential impact on discovery and information governance when data crosses borders.
9 minute read

The Legal Intelligencer

Products Liability, Mass Torts & Class Action

In the Legal's Products Liability, Mass Torts & Class Action supplement, read about company-generated documents and emails, navigating choppy waters…
2 minute read

The Legal Intelligencer

Strategic Considerations Before Challenging Personal Jurisdiction in Products Liability Litigation

Over the last seven years, the U.S. Supreme Court has rapidly and dramatically altered the landscape of personal jurisdiction law. Specifically, the court issued six opinions that overturned a lower court's exercise of personal jurisdiction, reinforced due process limitations on state assertions of jurisdiction, and narrowed the scope of constitutionally permissible general and specific personal jurisdiction.
8 minute read

The Legal Intelligencer

A Comparative Review of Products Liability Jury Instructions

After the Pennsylvania Supreme Court issued its decision in Tincher v. Omega Flex, the committee appointed by the court to prepare jury instructions issued “suggested standard products liability instructions” (published by the PBI) in an effort to provide guidance to the bench and bar.
15 minute read

The Legal Intelligencer

Navigating Choppy Waters for the Government Contractor's Defense in Trump Age

Companies contracting with the federal government should be aware that significant changes are likely under the Trump administration in the manner in which the government solicits and funds contracts and the extent to which the government recognizes knowledge of risks related to the goods or services subject to such contracts. When faced with litigation involving government contracts, companies often employ the Government Contractor's Defense, which shields a contractor that has complied with reasonably precise government specifications from liability provided the contractor has warned the government of risks not otherwise known to the government.
9 minute read

The Legal Intelligencer

Company-Generated Documents and Emails Are Not De Facto Business Records

Courts have worked to construct rules for use before and during trial that ensure only true business records—that is, records of regularly conducted activity that carry an air of trustworthiness and reliability—are admitted into evidence, while avoiding admission of day-to-day communications and other documents that cannot be categorized as business records.
9 minute read

The Legal Intelligencer

Despite Developments in Pa. Products Liability Law, Still No Duty to Recall

The last several years have brought significant developments to Pennsylvania products liability law, ranging from the Pennsylvania Supreme Court's decisions in Tincher v. Omega Flex and Lance v. Wyeth to rulings on the scope of evidence in the trial of a products liability case, to the application of the Pennsylvania Fair Share Act to a strict product liability claim.
7 minute read

The Legal Intelligencer

The Legal Intelligencer's 2018 Professional Excellence Awards

The Legal Intelligencer is accepting nominations in 10 categories this year, including four new categories geared exclusively toward firms with fewer than 200 lawyers.
2 minute read

The Legal Intelligencer

Still Accepting Nominations for New Midsize Firm-Focused Awards

Our goal at ALM is to serve the entire legal community, and as part of that, we're adding new wrinkles to our annual Professional Excellence Awards to make sure we get a chance to highlight the great work and achievements across the full breadth of the Pennsylvania legal community.
5 minute read

Refer a General Counsel

Invite a GC today and if they are approved and successfully join, we'll reward both of you with on month's free membership.

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • Strong & Hanni Solves Storage Woes--Learn How You Can, Too

    Brought to you by Filevine

    Download Now

  • Meeting the Requirements of California's SB 553: Workplace Violence Prevention

    Brought to you by NAVEX Global

    Download Now

  • The Benefits of Outsourcing Beneficial Ownership Information Filing

    Brought to you by Wolters Kluwer

    Download Now

  • The Top 10 AI Use Cases in Private Equity

    Brought to you by Ontra

    Download Now