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. 81, No. 1, January

Collateral Estoppel in Attorney Disciplinary Proceedings: A Hobson's Choice
During the course of a civil proceeding, the court often makes findings of misconduct on the part of counsel. The court may find that a lawsuit is frivolous, that a conflict of interest existed, or that there was a breach of good faith or fiduciary...
Confidentiality or Confirmation: The Complications of Confirming Confidential Arbitration Awards after Eagle Star Ins. Co. V. Arrowood Indemnity Co
This article originally appeared in the November 2013 Insurance and Reinsurance Committee newsletter. THE final step for many parties involved in arbitrations is to seek confirmation of a favorable final award in the relevant state or federal court,...
Emerging Technology and Its Impact on Automotive Litigation
This article originally appeared in the September 2013 Technology Committee newsletter. NEARLY 150 years ago, in Bridge Proprietors v. Hoboken Co., the U.S. Supreme Court lamented the fact that "the most remarkable invention of modern times"--the...
IADC Pride: The Global Connection
While attending the recent 2013 International Corporate Counsel College ("ICCC") in Paris, I enjoyed a post-dinner conversation with ICCC attendees and colleagues in our host hotel. It was approaching midnight and the end of the night was drawing near,...
Litigating Cases with Questions of First Impression
This article originally appeared in the November 2013 Appellate Practice Committee newsletter. TRIAL is fast approaching. Trial counsel knows a question of first impression is lurking in the background. A case of first impression is "[a] case that...
The Extraterritorial Defense: A Border to RICO Claims Arising from International Transactions
WHILE the Racketeer Influenced and Corrupt Organizations Act ("RICO") (1) has its roots in the fight against organized crime, (2) plaintiffs' attorneys, seeking RICO's treble damages and award of attorneys' fees, (3) have long sought to fit the RICO...
The IADC Amicus Brief Program: Its Increasing Success and Influence
ONCE rare, amicus curiae or "friend of the court" briefs are now filed in the majority of appellate cases heard by the United States Supreme Court and various state supreme courts. In the United States Supreme Court, amicus briefs were filed in thirty-five...
The Reinvigorated Confrontation Clause: A New Basis to Challenge the Admission of Evidence from Nontestifying Forensic Experts in White Collar Prosecutions
Federal and state prosecutors have increasingly resorted to using forensic expert testimony against defendants in white collar criminal cases. Forensic accountants testify in cases involving financial fraud, including securities, tax and money laundering...
Third Circuit Rejects Preemption under CAA, and Opens Door to Common Law Tort Claims
This article originally appeared in the October 2013 Environmental and Energy Law Committee newsletter. ON August 20, 2013, the Third Circuit opened the door to common law tort claims even though the defendant was in full compliance with its Clean...