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‘Common interest agreements’ in patent cases: Clear or cloudy?

If privileged information is disclosed to a third party who shares a “common legal interest” with the client and that person agrees to keep the information confidential, the privilege might not be waived. Agreements to share privileged information with persons ...

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Licensing and infringement in a virtual world

Virtual intellectual property owners are facing increasing licensing and infringement issues – the same issues, in fact, that are faced by intellectual property owners in the real world. The virtual world has recently become a popular place for business transactions. ...

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Retaining privilege despite losing control of your subsidiary

In corporate families, the legal department of the parent often provides advice to the subsidiaries. That arrangement can lead to headaches if later there is a change in control of the subsidiary. Consider the following example. The scenario You are ...

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Mass. companies face new privacy obligations

Two new laws in Massachusetts require any person or organization with access to records containing personal information about Massachusetts residents to protect those records.

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Notable 2007 Jury Verdicts: Private plane crash yields $54 million verdict

In a trial where the defense seemed to fold its case after two unsuccessful witnesses, a flight instructor and his student won a $54.5 million verdict for debilitating injuries they suffered in a private airplane crash. The plaintiffs claimed the ...

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Notable 2007 Jury Verdicts: $50M punitive award sidesteps high court ruling

In the first major punitive damages award since the U.S. Supreme Court placed new limits on punitive damages last February, a Los Angeles jury ordered DaimlerChrysler to pay $5.2 million in compensatory damages and $50 million in punitives to a ...

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No Surprises Please! Early case evaluation and cost-benefit analysis

(Editor’s note: This is the first installment of a six-part series on litigation management. Barry Weiner is a dean of the Massachusetts trial bar, having tried many cases over his 40-year career. He also has extensive experience in resolving cases ...

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