понедельник, 5 мая 2014 г.

Актуальныя пытанні права ў ЗША сёння / Актуальные вопросы права в США сегодня

Water Wars: Disputes Run Deep in Recent and Pending Litigation

Kathy Robb, a partner at Hunton & Williams, writes: It is not surprising that water-related litigation in the courts, and regulatory developments that are likely to generate more litigation, are increasing. Two key factors drive the disputes: population growth and drought. In the United States, water supply is no longer a concern limited to the arid west. READ MORE »

Dealing With Subsequent Remedial Measures

Steven F. Napolitano and Brittany M. Dorman of Skadden, Arps, Slate, Meagher & Flom write: Though subsequent remedial measures are most commonly associated with product liability litigation, New York courts apply this doctrine in other types of litigation as well, often in creative ways. Thus, plaintiff and defense counsel must keep informed of developing case law in this area, and give advance thought as to how such potentially powerful evidence could get before the jury in a particular case. READ MORE »

Will 'Nautilus' Significantly Change the Strength of Patents?

Richard F. Martinelli and Nicholas H. Lam of Orrick, Herrington & Sutcliffe write: There is one case on the U.S. Supreme Court's patent-heavy docket this term that has the potential to impact every issued patent. 'Nautilus v. Biosig Instruments' has the potential for such broad impact because it addresses how precise patentees must be in defining their invention; in patent parlance, the issue is called indefiniteness. READ MORE »

Admissibility of Email Under FRE's Business Records Exception

Jennifer Hurley Mcgay and Sujata M. Tanikella of Bingham McCutchen write: The predominance of email has forced courts to confront the question of whether?and when?emails may be admissible under Rule 803(6). The answer to this question varies considerably across jurisdictions and even among district courts within the same judicial circuit. READ MORE »

U.S. Supreme Court Declines To Hear NRA-Backed Attack on N.J. Gun Law

The U.S. Supreme Court said Monday that it will not review a Second Amendment challenge to a New Jersey law requiring "justifiable need" to carry a handgun outside one's home. READ MORE »

Competitive Intelligence: Spy Games or Market Research?

As far as any of them will tell, law firms haven't converted any of their conference rooms to "war rooms" filled with people looking to bring down the firm across the street. But keeping tabs on the competitive landscape is something law firms are increasingly attempting to do in-house—and every one seems to approach it differently. READ MORE »

Georgia High Court OKs Screens for Paralegal Conflicts

Screening measures can prevent nonlawyers' conflicts of interest from disqualifying an entire firm, the Georgia Supreme Court has ruled. READ MORE »

Original Story: Court Ponders Ethical Screen for Paralegal Conflict at Firm

The Georgia Supreme Court this week pondered an issue of first impression: whether a paralegal who works on a case then switches to the other side's firm automatically disqualifies her new employer from the litigation. READ MORE »