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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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Money for Nothing: Recent Developments in Medical Monitoring

Plaintiffs bringing product liability or toxic tort lawsuits must typically show that use of a defendant’s product or exposure to a defendant’s chemical caused them to suffer an injury.  Some courts, however, have allowed plaintiffs without a present physical injury to recover costs for future “medical monitoring” for a latent disease related to an exposure to a defendant’s product or chemical.  These courts have found that medical monitoring is either a cause of action or a remedy for an existing tort. 

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Caps on Damages in Medical Malpractice Cases

The constitutionality of damage caps is an important issue for health-care providers, liability insurers, and attorneys who represent them.  Health-care provider groups and liability insurers see damage caps as an effective way of limiting their potential exposure, thereby making the cost of doing business more predictable.  However, states around the country continue to propose and to debate the need for damage caps as well as the constitutionality of the damage caps already in place.  These debates undermine the ability of legislatures to pass damage caps where they do not already exist and limit the effectiveness of the caps that are in place because health-care providers and liability insurers question whether the caps can be relied upon.

This article attempts to provide basic information about the nature of damage caps, a summary of the damage caps that are currently in place, and a summary of the most common constitutional challenges. 

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China Fines GlaxoSmithKline Nearly $500 Million in Bribery Case  - New York Times 9/19/2014
Republicans Question Labor Board on McDonald’s Franchise Liability Case  - Insurance Journal 9/19/2014
Judge scolds BP for squeezing extra lines into brief  - ABA Journal 9/19/2014
News Corp chief lambasts ‘cynical’ Google  - Financial Times 9/19/2014
Home Depot breach bigger than Target at 56 million cards  - Reuters 9/19/2014
Actively engage those pesky whistleblower tips, say compliance experts  - Inside Counsel 9/19/2014
'Lost Negatives' Owner Sues Attorney for Fraud  - Courthouse News Service 9/19/2014
Agency can look at rig owner's role in oil spill  - Yahoo!Finance 9/19/2014
Google Revising Offer to Settle EU Antitrust Probe, Almunia Says  - Bloomberg 9/19/2014
Congress Hits Auto Safety Agency’s Role in GM Recalls  - Insurance Journal 9/19/2014
Women leaders: Unique challenges, unprecedented opportunities  - Inside Counsel 9/19/2014
$10.2M Awarded to 19 States to Fund Worker Misclassification Detection  - Claims Journal 9/19/2014
SEC spent $8.6M collecting $3.7M from former corporate raider in $62M case  - ABA Journal 9/19/2014
Ray Rice case highlights opportunities for U.S. employers without domestic violence policies  - Inside Counsel 9/19/2014
Insurers Bonding with Climate Change Battle  - Insurance Journal 9/19/2014

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