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Recovering for the wrongful death of a company
Bert Black, James D. McCarthy,
and Eric D. Madden
When a corporation files for bankruptcy, plaintiffs with claims
against it could be at the end of a long line of creditors.
How do you preserve your client’s chance of receiving a
remedy? This quick education in bankruptcy law will help you
sort through the complex issues that can arise when a company
dies.
Litigating fraud claims for franchisees
Jeff Haff
Most legitimate franchisers are honest about what investors
can expect when they buy in. But others may inflate a business’s
profit potential and downplay risk. Exposing these scams can
help your small-business clients recover their losses.
The next best thing to the smoking
gun
David R. Sugden and Scott J. Ferrell
A potential client tells you that her employer stole trade
secrets and will destroy any evidence of this if it gets wind
of a lawsuit. Is there anything you can do to uncover the evidence
without triggering a shredding party? You bet—the authors
show how to unearth proof of wrongdoing before it ends up on
the scrap heap.
Beware the economic loss rule
Stewart I. Edelstein
The bad news: The economic loss rule in business torts is one
of the most confusing rules you will encounter as a trial lawyer.
The good news: There are straightforward principles and a body
of case law that govern its application. Enhance your success
in any loss-of-business case with this guide.
Do business courts really mean business?
Gary W. Jackson
Some states use special business courts to handle commercial disputes. But there’s a growing tendency to transfer nonbusiness cases—including civil suits against companies—to these business-friendly courts. Can they give consumers a fair hearing?
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Features
Avoiding the confidentiality tax bite
Randall O. Sorrels and Neel Choudhury
Entering into a settlement agreement that includes a confidentiality provision may seem like the right move for your client, but go there carefully: If some of the settlement proceeds are deemed to be payment for confidentiality, your client could face unexpected tax liability.
Human error vs. design error
Marc Green
Product and premises designers often create warnings and instructions based on ideal behavior. But human nature and behavior don’t always match the designers’ ideal. Here’s how to hold defendants accountable when products and places are safe only if the user is “perfect.”
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News & Trends
DuPont takes heat over chemical in Teflon
pans
State legislators call federal preemption
a growing problem
Blood-substitute tests proceed without
informed consent
Undocumented workers deserve protection,
says New York high court
N.J. high court restricts interest in
rent-to-own contracts
Out-of-state Accutane claim reinstated
in New Jersey
Departments
President’s page
A word of advice
Supreme Court review
The case of the uncooperative husband
ATLA Endowment: Donor profiles
Hearsay
ATLA in motion
Crestor and Ortho Evra litigation groups pick up steam
Straight talk about nursing home care
Florida jettisons joint and several liability
New Exchange packet pulls together pharmacist
liability resources
ATLA Extras can help members manage education
costs
Texas team wins trial advocacy competition
Civil Rights Section to present Weinglas
Award to activist lawyer
Experts & Professional Services
Classifieds
Lawyer Networking
Products & Services
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