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To Hire or Not to Hire: Considerations in Retaining and Using Accident Reconstruction or Biomechanical Experts Properly

This article focuses on the practical considerations that an attorney should take into account when making the decision to hire and to retain an accident reconstructionist or biomechanical expert.  While certainly not exhaustive, the article covers the basic issues to consider when making such a decision, namely how soon should an attorney hire an expert, how an expert may assist with a case, factors to consider when making a hiring decision, and how to vet a potential expert.

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Duty and the Design Professional

Recent decision expands scope of duty owed to third parties claiming economic loss from design professional malpractice.

In the absence of a contract, to whom do design professionals owe a duty, and what is the scope of that duty in the context of third-party claims alleging economic loss?

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The Attorney-Client Privilege Applies When Rendering Advice During Business Negotiations

The Fifth Circuit recently reversed a district court’s decision not to allow the attorney-client privilege. In Exxon Mobil Corp. v. Hill, et al., No. 13-30830 (5th Cir. May 6, 2014), the Fifth Circuit permitted assertion of the attorney-client privilege for a memorandum from an attorney to a client in the course of business negotiations for a matter that had potential legal implications down the road.

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Report: Arbitrator will rule on Ray Rice appeal   - 9/30/2014
Court-Ordered Anti-Smoking Ads Challenged by Firms  - ABC News 9/30/2014
Hundreds of Thousands Face Health Law Subsidy Deadline  - Wall Street Journal 9/30/2014
Trial begins in lawsuit over AIG's $182-billion taxpayer bailout  - Los Angeles Times 9/30/2014
FDA Cannot Skip Notice Period to Fix Its Mistake  - Courthouse News Service 9/30/2014
Seeking forgiveness for a bad work result? State the facts, and don't offer a vague excuse  - ABA Journal 9/30/2014
Toyota Unintended Acceleration Probed as Tacomas Recalled  - Bloomberg 9/30/2014
U.S. Hospitals Face Risks in Ebola Virus Waste Disposal  - Insurance Journal 9/30/2014
Recyclers May Share in $700M River Cleanup  - Courthouse News Service 9/30/2014
General counsel need to be aware of risk from hackers involving even military-related computers  - Inside Counsel 9/30/2014
Wal-Mart Blames Tracy Morgan for Injuries Stemming From Accident  - Bloomberg 9/30/2014
A divided Supreme Court delays early voting in Ohio  - USA Today 9/30/2014
Ropes & Gray achieves putative class-action ERISA suit dismissal against Tribune  - Inside Counsel 9/30/2014
Greens Can't Block Off Road Vehicle Use in Park  - Courthouse News Service 9/30/2014
Ford Recalls 850K Cars Due to Short Circuit Risk  - Claims Journal 9/30/2014

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