Articles

Jun
09

U.S. legal holds present a conundrum that confronts the bar and bench with increasing frequency. It is the result of a clash between broad U.S. preservation obligations mandated by existing case law and stringent privacy and data protection laws in other jurisdictions, including European Union (“E.U.”) member states. The challenge requires a multinational litigant to

Jun
03

Ineffective policing of bad patents remains a main focus of the academy with respect to Hatch-Waxman challenge settlements, but the potential of the challenge structure for weakening justified, good patents has gone relatively unnoticed. Currently, the most rational target for a generic challenger is a highly profitable patent, whether it is weak or strong. The

Jun
03

Official guidelines must be promulgated in order to assist with case-by-case judicial admissibility determinations of genetic testing evidence in toxic tort litigation. Emerging technology, specifically advancements in genetic testing, could prove highly influential in toxic tort litigation. Genetic testing data can, in many cases, provide evidence of both (i) proof of exposure to a toxic

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