See iMig 2014 and 2016 through the eyes of Laurie Kazan-Allen; the October 29, 2014 post is here at IBAS. It’s well worth reading for perspective and news as to 2014 and 2016.
Interesting reading on two astonishing events, at the October 30, 2014 D&O Diary
An online press release describes a new, real-time sensor to identify the presence of second hand or third hand smoke from tobacco or marijuana. Imagine the future uses for everything from parenting to law enforcement to tort litigation.
Defendants have given up on moving cases out of Madison County, at least for now. That’s the headline and message from an October 29, 2014 post at Legal Newsline. The entire article should be reviewed for full context, including the comments about appellate possibilities, and trial date settings. Two key quotes are as follows:
“Roughly one year after Associate Judge Stephen Stobbs took the bench as Madison County’s asbestos judge and made several well-intended strides to improve the “national” docket, defense attorneys have given up on arguing that cases are being filed improperly in the jurisdiction after four similar motions were denied earlier this year.
Huelsmann explained that when forum non conveniens motions are denied, it results in more filings, which leads to a larger number of trial settings.
“That is where it all stems,” he said. “If the cases are not getting dismissed on forum, they get trial settings.”
However, LaConte and Huelsmann didn’t anticipate much hope for improvement when it comes to seeking a more appropriate jurisdiction for out-of-state claimants in the nation’s epicenter of asbestos litigation.
“It’d like to be able to tell you today that things are different than six months ago,” Huelsmann said, “but it seems like things are staying here.”
“Without a commitment to dramatically reduce the number of trial settings,” LaConte added, “and an equal commitment to making sure that we are spending the resources of the county and all the parties on cases that really belong in Madison County, I don’t see that there’s going to be a lot of change in the current situation.”
When are patents good, or not so good, for businesses? An October 29, 2014 article at AmLaw describes big banks attacking purported patent trolls. As is so often the case these days, the litigation is brought by an association of interested parties. The article starts as follows; read it all for useful information on the processes of the patent litigation industry:
“Wall Street may not be as vulnerable to patent infringement lawsuits as Silicon Valley or the pharmaceuticals industry. But the gap is narrowing—and major banks are collaborating in an effort to keep accused patent trolls at bay.
The Patent Quality Initiative, a group formed earlier this month by the The Clearing House Payments Company, announced Monday that it had fired off a barrage of briefs aimed at undermining patents (and patent holders) that threaten the association’s two dozen global megabank members. The papers were filed last week by a Clearing House entity called Askeladden LLC—named for a Norwegian folk hero known for outwitting trolls.”
“Aggressive” companies prefer the “lax law” of Nevada. That’s the bottom line of a new paper on the race to the bottom in corporate law. The information arrives courtesy of an October 29, 2014 post at the CLS Blue Sky blog that links to a Harvard blog on corporate governance. Here’s the opening from the author’s October 28, 2014 summary at the Harvard site:
“In our paper, What Happens in Nevada? Self-Selecting into Lax Law, forthcoming in the Review of Financial Studies, we study the financial reporting behavior of firms that incorporate in Nevada, the second most popular state for out-of-state incorporations, after Delaware. Compared to Delaware, Nevada law has weak fiduciary requirements for corporate managers and board members. We find evidence consistent with the idea that lax shareholder protection under Nevada law induces firms prone to financial reporting errors to incorporate in Nevada, and that lax Nevada law may also cause firms to engage in risky reporting behavior. In particular, we find that Nevada-incorporated firms are 30 – 40% more likely to report financial results that later require restatement than firms incorporated in other states, including Delaware. These results hold when we narrow our set of restatements to more serious infractions, including restatements that reduce reported earnings, and to restatements that raise suspicions of fraud or lead to regulatory investigations.”
Here is the transcript from the October 16, 2014 hearing at which the Garlock record was ordered unsealed.
The title is apt – see this October 20, 2014 post at D&O Diary for a summary of – and links to – a variety of litigation industry statistics, including the growth of litigation in Europe and the US.
What can a former corporate CEO do with privileged documents after being fired? Not much, or nothing, according to Nevada’s Supreme Court. The new opinion is covered in an October 21, 2014 post at Presnell on Privileges.
A key quote from AACR’s 2014 Cancer Progress Report:
“During a telephone news briefing, the association’s leadership said that with an aging population, new cancer diagnoses can be expected to increase from 1.6 million this year to 2.4 million by 2035, and that developing new therapies as soon as possible is essential to address this expected surge. Half of all new cancer cases are in patients over age 50.”
The statement is cited to data from IARC. See Ferlay J SI, Ervik M, Dikshit R, Eser S, Mathers C, Rebelo M, et al. GLOBOCAN 2012 v1.0, Cancer incidence and mortality worldwide: IARC Cancer Base No. 11 [Internet]. Lyon, France: International Agency for Research on Cancer; 2013. [cited 2014 Jul 31]. Available from: http://globocan.iarc.fr.
For more specifics and more on cancer, see the AACR’s new 2014 Cancer Progress Report - here.