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To Hire or Not to Hire: Considerations in Retaining and Using Accident Reconstruction or Biomechanical Experts Properly

This article focuses on the practical considerations that an attorney should take into account when making the decision to hire and to retain an accident reconstructionist or biomechanical expert.  While certainly not exhaustive, the article covers the basic issues to consider when making such a decision, namely how soon should an attorney hire an expert, how an expert may assist with a case, factors to consider when making a hiring decision, and how to vet a potential expert.

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Duty and the Design Professional

Recent decision expands scope of duty owed to third parties claiming economic loss from design professional malpractice.

In the absence of a contract, to whom do design professionals owe a duty, and what is the scope of that duty in the context of third-party claims alleging economic loss?

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The Attorney-Client Privilege Applies When Rendering Advice During Business Negotiations

The Fifth Circuit recently reversed a district court’s decision not to allow the attorney-client privilege. In Exxon Mobil Corp. v. Hill, et al., No. 13-30830 (5th Cir. May 6, 2014), the Fifth Circuit permitted assertion of the attorney-client privilege for a memorandum from an attorney to a client in the course of business negotiations for a matter that had potential legal implications down the road.

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Secret Service Director Julia Pierson resigns  - CNN 10/1/2014
Wal-Mart Seeks Settlement in Tracy Morgan Limo Crash Suit  - Claims Journal 10/1/2014
BP Must Face U.S. Suits by Foreign Investors, Judge Rules  - Bloomberg 10/1/2014
Medical Marijuana user appeals termination in Colorado Supreme Court  - Inside Counsel 10/1/2014
JPMorgan to face U.S. class action in $10 billion MBS case  - Reuters 10/1/2014
U.S. fertilizer company owned by Koch brothers in patent dispute with North Carolina firm  - Yahoo!Finance 10/1/2014
Big Pharma Crackdown Passes Muster in 9th Circ.  - Courthouse News Service 10/1/2014
Endo Said to Pay $400 Million Plus in Vaginal-Mesh Accord  - Bloomberg 10/1/2014
Dow Chemical fails to overturn $1.06 billion price-fixing award  - Reuters 10/1/2014
Electronic medical record systems need diligence from providers  - Inside Counsel 10/1/2014
Fire Risk Prompts Riding Lawn Mower Recall  - Claims Journal 10/1/2014
Apple Pay Signals New Era at Cash Register  - New York Times 10/1/2014
U.S. Judge Says Wal-Mart Must Face Mexican-Bribe Claims  - Bloomberg 10/1/2014
Ecuadoreans Plan to Seize $106M in Chevron Assets  - Courthouse News Service 10/1/2014
Republicans Lose Bid to Sue SEC Over Campaign Money Limit  - Bloomberg 10/1/2014

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