Defense Counsel Journal

This publication provides topical and scholarly writings on the law, including its development and reform and the practice of law in the civil defense and insurance fields.

Articles from Vol. 74, No. 3, July

A Call for Commitment
As I write this last President's Page, approximately a month remains of my term as your President. I have thoroughly enjoyed serving you and our fine organization. I appreciate more than I can describe in this column all those who took time from their...
A Contrarian's Checklist to Arbitration Clauses
IF YOU want to advise your client not to agree to an arbitration clause, this checklist may assist you. It may remind you that many of the apparent advantages of arbitration turn out to be myths. This checklist can be especially helpful in advising...
Addressing State E-Discovery Issues through Rulemaking: The Case for Adopting the 2006 Federal Amendments
SIX YEARS ago, I argued in the pages of this Journal that the authors of the Federal Rules of Civil Procedure should take into account how the significant differences between hard copy and electronic information were impacting "both the litigation...
Defending a Food Contamination Case: Initial Steps
On February 14, 2007, ConAgra Foods, Inc. issued a voluntary recall of Peter Pan and Great Value peanut butters after the spreads were linked to a salmonella outbreak that has sickened 425 people in forty-four states. According to the U.S. Centers...
Defending a Food Contamination Case: Initial Steps1
On February 14, 2007, ConAgra Foods, Inc. issued a voluntary recall of Peter Pan and Great Value peanut butters after the spreads were linked to a salmonella outbreak that has sickened 425 people in forty-four states. According to the U.S. Centers for...
Definition of "Occurrence": Two Recent Decisions Get It Right
This month, Donald L. Mrozek and Robert M. Konop report on two recent cases interpreting the definition of "occurrence" in commercial crime policies. The question of whether multiple acts of employee dishonesty should be treated as a single "occurrence",...
Enforcement of Foreign Arbitral Awards and Foreign Judgments in China
AS ONE of the four most powerful economies in the world, China has attracted significant amount of international businesses. China is not only a major supplier of various raw materials and industrial goods but is also a rapidly growing market for international...
Expert Opinion in Class Certifications: Second Circuit Revisits, Disavows in Re Visa Check and Joins Majority Rule
IN VIRTUALLY every putative class action, the entire case will turn on the certification decision. Once a class is certified, an overwhelming majority of the cases go on to settlements, many with large monetary recoveries. On the other hand, those...
IADC Tenets of Professionalism
The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we hereby...
IADC Tenets of Professionalism
The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we hereby...
International Discovery: Navigating Uncharted Waters
The extraterritorial application of national laws frequently subjects companies to conflicting or overlapping legal requirements, fosters unpredictability, increases the risks involved in commercial activities, exposes companies to overly burdensome...
International Discovery: Navigating Uncharted Waters
The extraterritorial application of national laws frequently subjects companies to conflicting or overlapping legal requirements, fosters unpredictability, increases the risks involved in commercial activities, exposes companies to overly burdensome...
Planning for and Implementing a Product Recall
WITH THE unparalleled and continued expansion of the global economy, product manufacturers must develop a keen awareness of the laws and regulations of the jurisdictions in which their products are distributed and sold. The importance of foreseeing...
Providing Competent Representation in the Digital Information Age
THE RAPID growth of electronic discovery has brought with it additional challenges for in-house and outside counsel who represent clients in litigation. Counsel must remain diligent to keep up with this rapidly expanding and often changing field of...
Reviewing the Law Reviews
Law Review Highlights: In the United States, vaccinations against communicable diseases have changed the face of public health over the last century. But while the general population has benefited greatly from the introduction of mandatory vaccination...
The Future of Greenhouse Gas Emission Regulations: Massachusetts V. Environmental Protection Agency
ON APRIL 2, 2007, the United States Supreme Court rendered its decision in Massachusetts v. EPA, No. 05-1120, holding that the U.S. Environmental Protection Agency ("EPA" or "Agency") has the statutory authority under the Clean Air Act (the "Act" or...
The Future of Greenhouse Gas Emission Regulations: Massachusetts V. Environmental Protection Agency
ON APRIL 2, 2007, the United States Supreme Court rendered its decision in Massachusetts v. EPA, No. 05-1120, holding that the U.S. Environmental Protection Agency ("EPA" or "Agency") has the statutory authority under the Clean Air Act (the "Act" or...