It’s surprising how often the simplest phrases can provide the most salient advice. The 6 P’s,for example: Proper prior planning prevents poor performance. While the phrase may be a bit of a tortured alliteration, the truth and simplicity of its sentiment can’t be denied: When you want a good Continue Reading
Coverage Privileges and Protections: Insured vs. Insurer and Claimant vs. Insured
The attorney-client privilege is usually defined as applying to, and protecting from discovery, confidential communications between a client and its lawyer (or their respective agents) made for the purpose of obtaining or providing legal advice.[2] But in the liability insurance context, there are Continue Reading
Has Functional Claiming Functionally Changed Since Williamson v. Citrix? Recent District Court Cases Suggest Not
In June 2015, the Federal Circuit in Williamson v. Citrix Online overturned a 2004 decision in Lighting World v. Birchwood Lighting concerning functional claiming.1 Some commentators called the Williamson decision “a game changer”2 and “a tremendous step forward to address the scourge of bad patents Continue Reading
Corporation Law: Pennsylvania 2017
A Q&A guide to corporation law in Pennsylvania. This Q&A addresses key areas of corporate law such as formation, foreign qualification, mergers, anti-takeover laws, and dissolution. Answers to questions can be compared across a number of jurisdictions (see Corporation Law: State Q&A Continue Reading
Admissibility of Industry Standards in Strict Products Liability Actions under Pennsylvania Law
Our Two-Part Series in The Legal Intelligencer Scrutinizes the Admissibility of a Product’s Compliance of Industry Standards This two-part article will discuss the admissibility of a product’s compliance with industry standards at trial in strict products liability actions. The first part Continue Reading
The Initial Steps, Third Circuit Appellate Practice Manual
Authored by over 30 experts in the field of federal appeals, this practical guide explores appellate practice in the Third Circuit Court of Appeals. Topics addressed include: operation of the clerk’s office, mediation, electronic filing, preserving issues, motion practice, the scope and standard of Continue Reading
Protesters’ Paradise at the GAO? Understanding the Rapid Rise in the GAO’s FY 2016 Bid Protest Sustain Rate
As a bid protest lawyer, one of the most frequent questions I hear from companies considering whether to pull the trigger and file a pre- or post-award bid protest is “Can we win?” My response – regardless of the meritorious nature of the protest grounds and the corresponding flaws in the Continue Reading
The Leaning Tower of San Francisco
Despite contributing to the recent economic recession that affected major metropolitan cities across America, the high rate of development and construction has rejuvenated the urban core of major cities, providing less dependence on suburban sprawl and establishing an essential infrastructure for Continue Reading
Change Anticipated in Uncertain Requirements for Motions to Amend Claims in Inter Partes Review
In the America Invents Act (AIA), Congress gave the U.S. Patent Office the power to correct patent claims in inter partes review. Congress also require the Patent Office to issue procedural rules setting forth how patent owners could narrow their claims. But the Patent Office elected to Continue Reading
Avoiding Stale Products Liability Claims: Why New Jersey Should Enact a Statute of Repose
Nothing should last forever, especially lawsuits and stale claims. But a stale claim is exactly what New Jersey permits in products liability litigation. New Jersey law requires all personal injury and products liability actions to be brought within two years of the date of accrual of the cause Continue Reading