For The Defense

Recent Posts from For The Defense

• Use Not Required - Acquisition of Trade Secrets Constitutes Misappropriation in Rhode Island

  A recent decision from the First Circuit in Astro-Med,Inc. v. Nihon Kohden America, Inc., No. 08-2334-25, applying Rhode Island lawhighlights that the "acquisition" of trade secrets (not just"use") can constitute misappropriation and subject the acquirer…

• New Federal Investigation gives specific chemical names for what may be contained in Chinese Drywall

  Late last month, the New York Times reported thatfederal investigators had found that imported Chinese drywall that homeownershave linked to health problems and odors had higher levels of some chemicalsthan its domestic counterparts. The investigators,…

• Avoiding ethical pitfalls of communicating with clients via email

  Attached is an article written by Steve Puiszis, DRI's State Rep to Illinois, which originally appeared on Practical Ediscovery, a blog sponsored by Hinshaw & Culbertson LLP.     Leor Exploration & Production, LLC v. Aguiar,…

• Governmental Product Safety Activities

  There has been a flurry of activity by U.S. and foreign governments in connection with product safety regulations. These will impact product liability litigation filed in the U.S. and possibly in foreign countries. The CPSC…

• CPSC Notice on Recreational Off-Highway Vehicles

  The Consumer Products Safety Commission recentlyissued an Advance Notice of Proposed Rulemaking for Recreational Off-HighwayVehicles. The Commission's press release announcing the ANPR, dated October 22,2009, can be found at http://www.cpsc.gov/cpscpub/prerel/prhtml10/10020.html.

• Supreme Court Questions Usefulness of Business Methods

  Today, the Supreme Court heard oral arguments in the hotly anticipated Bilski case. Members of the patent bar and the public attended the oral argument to gain some insight on what the Court would do…

• Internet Reserach by Jurors

  Here is a link to a very interesting case out of South Dakota in which a defense verdict in a wrongful death case was vacated because of juror misconduct involving internet reserach. I invite you…

• Second Circuit Takes Lead in Permitting Climate Change Litigation

  In Connecticut v. American Power, 2009 WL 2996729 (2nd Cir. Sept. 21, 2009), the United States Court of Appeals for the Second Circuit held that a claim filed by eight states, one city and three…

• The Perils of Promotions: Your Noncompete & Other Employment Agreements May be in Jeopardy

  Many employers require that new hires sign a non-competition or non-solicitation agreement as a condition of hire. Companies expect that these agreements will be valid and enforceable when the employee leaves, even if the employee…

• Avoiding Malpractice: Amendment to Alabama Rule of Civil Procedure 58 and Failing to Apply to Timely Appeal

  The continuing evolution of electronic-filing in federal and state courts has revolutionized case management in clerks’ offices throughout the country.  In order to account for that continuing evolution in Alabama specifically, the Alabama Supreme Court…