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Litigation and Alternative Dispute Resolution

Manufacturer's Corner: The Unenumerated Implied Warranties

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

This post continues our series on implied warranties under the Uniform Commercial Code (“UCC”). In our last installment, we discussed the most-litigated implied warranty, the warranty of merchantability. Here, we go to the other extreme and discuss the least-litigated – and often forgotten – implied warranties: those that aren’t actually enumerated in the UCC.[1]

Subpoenaing Persons and Documents Made Easier: Changes to Federal Rule of Civil Procedure 45

Contact: von Briesen & Roper, s.c. (Wisconsin, USA)

The rules that govern subpoenas have always contained traps for the unwary, as well as grounds on which to challenge potentially invalid subpoenas. Effective December 1, 2013, however, amendments to Rule 45 of the Federal Rules of Civil Procedure clarified and streamlined the processes for issuing and responding to subpoenas. Are you aware of the differences?..

Maintaining Legal Privilege Over your Documents

Contact: Chris Tayton; Clarkslegal LLP (Reading, England)

It is a fundamental principle of the English legal system that certain documents recording legal advice or prepared for the purpose of anticipated legal proceedings are inadmissible as evidence in Court proceedings. Such communications are protected by what is known as legal privilege...

Manufacturer's Corner: Implied Warranties, Part 1

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

If you only read one series in the Manufacturer’s Corner, I hope it’s this one. In this series, we will discuss the implied warranties that come with your product unless you disclaim them. Without a working knowledge of these warranties, you may be breaching contract terms you didn’t know existed. And even worse, you are inviting a court to second-guess your determinations of what your industry and your product require. Please follow us carefully through this series.


Responding to Data Breaches: What Should a Federal Law Look Like?

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

The MCLB has touched on responding to data breaches before. In that entry, we noted in passing that “the laws governing corporate responses to various forms of data breaches are extensive[.]” That was an understatement. In fact, nearly every state has its own statute on point, and each of them imposes different obligations and penalties. So, if you do business nationwide and you are the victim of a data breach, the laws of 47 jurisdictions[1] are there to add insult to injury...

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