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Inside Counsel

Facts & Figures: Organizational changes can increase risk of misconduct

From law firm growth strategies to an anticipated rise in mergers, an inside look at the numbers that count
11 minute read

Inside Counsel

New York Post sued for libel over Boston Bombings coverage

The New York Post is facing the consequences for a controversial cover it ran three days after the Boston Marathon bombings.
6 minute read

International Edition

Scrubbing up expert evidence – the pros and cons of 'hot tubbing'

Following Lord Justice Jackson's recommendations we have recently witnessed one of the most significant changes in relation to the use of expert evidence. An amendment to the practice direction to Civil Procedure Rule 35 (PD 35) means that a court now has the power to order expert witnesses to give their evidence concurrently, by means of a discussion chaired by the judge – a process colloquially known as 'hot tubbing', or, more formally, witness conferencing. What does this mean and what will be the impact on the appointment of an expert witness? Many may fear that this reform is just a case of 're-arranging the deckchairs' because, as Jackson himself stated, "it is doubtful whether either lawyers or litigants or experts will welcome yet another raft of rules about expert evidence". However, there are good grounds for expecting that hot tubbing will save both time and money following a review of the use of this method in Australia – where hot tubbing was developed and has proved successful – and a pilot scheme undertaken in the Manchester Technology and Construction Court and Mercantile Court.
8 minute read

International Edition

Mining your claim – turning litigation into a useful business tool

In today's difficult economic climate, businesses are having to work harder than ever before not just to prosper, but to survive. This means that they are increasingly looking for innovative ways to bolster their bottom line – seeking out opportunities in territories that might have remained unchartered in more buoyant times. One way that companies can do this is by seizing the opportunity presented by litigation when a set of facts presents itself and appears to justify the pursuit of a claim. It can be a particularly useful business tool for those rich in claims as, once a company with a regular stream of cases has become proficient in the funding, practice and business of litigation, it can commercialise it. In this way one man's liability becomes another man's asset, with disputes viewed as a potential cost generator rather than purely an expense.
7 minute read

International Edition

Travers settles with former trainee in pregnancy discrimination case

Travers Smith has reached a financial settlement with a former trainee who successfully brought a case against the firm after she was denied a permanent role when she fell pregnant during her final seat. Katie Tantum instructed law firm Leigh Day to launch her case in February after failing to gain a newly-qualified position in Travers' real estate department.
2 minute read

Inside Counsel

2nd Circuit orders unrestricted sale of some emergency contraceptives

The 2nd Circuit has ordered the over-the-counter sale of some types of emergency contraception pills without age limits, even as the federal government continues its court battle to preserve restrictions on the pills.
2 minute read

Inside Counsel

Litigation: Maryland court rules that jury must know identity of insurance carrier

Marylands intermediate appellate court, the Court of Special Appeals, has ruled that that an insurance companys identity must be disclosed to a jury in a breach of contract case arising out of the uninsured motorist provisions of an insurance policy.
11 minute read

Inside Counsel

Obama nominates three candidates to D.C. Circuit

Almost two weeks after the Senate confirmed Sri Srinivasan as the newest judge to the D.C. Circuit, President Obama has put forth three more nominations to fill the remaining vacancies on the 11-member court.
2 minute read

Inside Counsel

Litigation: Preservation obligations after a duty to preserve has been triggered

Once the duty to preserve evidence has been triggered, the scope of the preservation obligation is the next issue for an organization to consider.
7 minute read

International Edition

Hogan Lovells takes Chadbourne US partner trio as Mexico interest grows

Hogan Lovells has recruited a three-partner team from US firm Chadbourne & Parke to strengthen its litigation and arbitration practice in New York, as the firm continues to keep a close eye on the fast-growing Mexico market. The hires include Oliver Armas, the co-head of Chadbourne's international arbitration group and Phoebe Wilkinson, the co-head of the firm's product liability group, who are joining Hogan Lovells in New York.
3 minute read

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