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. 76, No. 4, October

A Plan of Action, Innovation and Involvement
The IADC Board of Directors is a hard working group. In my more than four years of service, I have frequently marveled at the deep commitment that every Board member has to the IADC. In addition to monthly telephone conferences, the Board meets at...
CERCLA Contribution Claims and the Collateral Source Rule
THE QUESTIONS of whether and how the collateral source rule might apply in CERCLA cost recovery actions have been issues of interest to potentially responsible parties ("PRPs") under the Comprehensive Environmental Response, Compensation, and Liability...
Closing Arguments
THIS ARTICLE provides practical suggestions that practitioners should consider when preparing and giving a closing argument. I. Practical Considerations Regardless of whether you represent the Plaintiff or the Defendant and regardless of what...
Conning the IADC Newsletters
International Association of Defense Counsel Committee members prepare newsletters on a monthly basis that contain a wide range of practical and helpful material. This section of the Defense Counsel Journal is dedicated to highlighting interesting...
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...
Reviewing the Law Reviews
Law Review Highlights: E-Discovery In today's legal environment, electronically stored information is an inevitable and often enormous part of the discovery process. Email, word processing documents, spreadsheets, potentially text messages and...
Rx for the Times
This article originally appeared in the March 2009 Drug, Device and Biotechnology Committee Newsletter. "Laughter is a tranquilizer with no side effects." Arnold H. Glasgow Members of the Drug, Device and Biotech Committee represent, among...
The Art of Risk Management for Lawyers Representing Lawyers
IN REPRESENTING lawyers we see first hand the consequences of the mistakes lawyers--even great lawyers--make every day. Still, it is one thing to recognize where other lawyers made mistakes and quite another to implement within our own firms the practices...
The FTC's Red Flag Rule: Not Just Another Nuisance
This article originally appeared in the August 2009 Medical Defense and Health Law Committee Newsletter. November 1st marks the first day for mandatory compliance with the Federal Trade Commission's Red Flag Rule, which applies not only to creditors...
The Medicare, Medicaid and SCHIP Extension Act of 2007: A Practitioner's Introduction to Resolving Personal Injury Liability Claims by Medicare Beneficiaries
WITH EVER-RISING health care costs and growing federal budget deficits, expansion of government powers to recoup government-provided health care expenditures should come as no surprise. Effective on July 1, 2009, the Medicare, Medicaid and SCHIP Extension...
The Trouble with PFOA: Testing, Regulation and Science concerning Perfluorooctanoic Acid and Implications for Future Litigation
IN THE April 2007 Defense Counsel Journal, we wrote about "endocrine disrupters" ("EDs"), widely used synthetic chemicals that are believed to disrupt the body's normal hormonal functions. (1) This article will provide an update on this topic, reviewing...
The Uncertainty Surrounding "Design" in Design Defect Cases
ALL PRODUCT LIABILITY attorneys know that in order to establish a prima facie design defect claim, the plaintiff must present an alternative design that is practical, feasible, and safer than the defendant's design. There is a large body of law that...
What to Expect from Congressional "Tinkering" with Employment Law
This article originally appeared in the August 2009 Employment Law Committee Newsletter. We are well into the new Administration's first year and numerous matters have distracted the Administration and Congress from pressing forward their labor...
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