Trials

Expert Analysis

• Corporate Designee Practice Under NY V. Federal Rules

  

  Your corporate client has been sued and it is a matter of time before a deposition notice is served. How to respond to the notice and plan for the deposition can depend upon whether the case is in federal or New York state court, with designation of subject matters being one of the greatest differences among the rules, says Steve Kramer of Eckert Seamans Cherin & Mellott LLC.

• Another Take On 'Take-Home' Asbestos Exposure In Calif.

  

  A California appellate court recently upheld a trial court’s summary judgment in a secondary exposure asbestos case where the plaintiffs could offer no admissible evidence that the decedent’s father worked around asbestos-containing materials. While this opinion is unpublished and uncitable under California rules, its legal theory can apply to other cases, says Theresa Mullineaux of Husch Blackwell LLP.

• Insurance Considerations For Mass-Shooting Litigation

  

  Mass-shooting litigation raises a number of unique concerns for civil defendants, and it has become increasingly critical for all interested stakeholders to understand the scope of potential coverage afforded by commercial general liability policies, as well as specialized insurance products, say Monica Sullivan and Matthew Novaria of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

• Rule 23 Changes: Avoid Delays In Class Settlement Approval

  

  Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

• Trespass By Fracking: Pennsylvania Court Weighs In

  

  Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.

• Don't Misunderstand The Prop 65 Coffee Ruling

  

  Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.

• Best Practices For Building A Better Meeting

  

  How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

• 5 Ways Law Firms Are Becoming More Like Hotels

  

  One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

• How CPSC Late Reporting Penalty Trends Are Evolving

  

  Dollar amounts of U.S. Consumer Product Safety Commission prelitigation settlements have increased over the past five years, as most recently shown by a record settlement with Polaris Industries for alleged reporting violations related to three recalls. But this track record has not been matched in recently litigated cases, say attorneys with Arnold & Porter.

• Opinion

  Gorsuch's 1st Year Shows He Is A Conservative Activist

  

  In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.