Legal Research

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Free With Registration: Medical Malpractice Defense
Tuesday, March 9, 2010
By John L.A. Lyddane and Ellen B. Fishman

"John L.A. Lyddane, a senior partner at Martin Clearwater & Bell, and Ellen B. Fishman, a partner at the firm, write that when the ultimate sanction of striking a party's pleadings is employed, the action is not determined on its merits; consequently, there is a natural reluctance to employ the extreme option, when there are lesser options that may be more appropriately applied to a given case. "

Insurance Law
Tuesday, March 9, 2010
By Norman H. Dachs and Jonathan A. Dachs

"Norman H. Dachs and Jonathan A. Dachs, partners at Shayne, Dachs, Corker, Sauer & Dachs, write that the Court of Appeals has recognized that 'drawing the line between a lack of coverage in the first instance (requiring no disclaimer) and a lack of coverage based on an exclusion (requiring timely disclaimer) has at times proved problematic.' "

OUTSIDE COUNSEL:

 The AAA Standard Arbitration Clause: Room for Improvement
Tuesday, March 9, 2010
By Kenneth A. Adams

" Kenneth A. Adams, a consultant and speaker on contract drafting and a lecturer at the University of Pennsylvania Law School, writes: Given that mainstream contract drafting is dysfunctional, it shouldn't come as a surprise that what is touted as model contract language usually exhibits significant shortcomings. A handy example of that is the standard arbitration clause recommended by the American Arbitration Association."

TECHNOLOGY TODAY:

Active Inducement in the Post-'Grokster' World
Tuesday, March 9, 2010
By Richard Raysman and Peter Brown

"Richard Raysman, a partner at Holland & Knight, and Peter Brown, a partner at Baker & Hostetler, discuss the theory of active inducement in copyright law, the evolution of peer-to-peer technology over the past decade, and recent U.S. and foreign legal decisions and developments impacting copyright holders, file-sharing networks and Internet service providers. "