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Litigation and Alternative Dispute Resolution

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...


Five Keys to Telling a Better Story Leading Up to and at Trials

Contact: Diane P. Kilcoyne; Lerch, Early & Brewer (Maryland, USA)

Litigation World

Diane Kilcoyne, a new breed of lawyer who specializes in e-discovery and trial presentations, works on complex commercial litigation in Maryland. Many of these cases go to trial. As a result, she has learned how to tell persuasive stories during discovery and at trial with the help of software. In this issue of LitigationWorld, Diane shares the five most important ingredients of successful legal storytelling in this age of HDTV and YouTube...


Report to IRS Is Required for Sales Not Paid by Personal Check or Bank Wire

Contact: Carlos Marin; Spencer Fane Britt & Browne LLP (Missouri, USA)

Federal regulations make most aircraft sellers subject to mandatory reporting requirements when they are involved in transactions of more than $10,000. Since a failure to report may trigger both civil and criminal penalties, aircraft dealers should be aware of the need to comply with these requirements...


Challenges to the Validity of Erroneously Signed Wills

Contact: Emma Butcher; Contact: Clarkslegal LLP (Reading, England)

A recent decision of the Supreme Court has confirmed that the courts will now take a more flexible approach to the rules which apply to the signing of wills.

In 1999 Mr and Mrs Rawlings instructed their solicitor to prepare identical wills which left everything to each other on the first death, and on the second death everything to Mr Marley, who they treated as a son but was not a blood relation. However, due to a mix up when they attended their solicitor’s office to execute the wills, Mr Rawlings signed Mrs Rawlings’ will and vice versa...


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