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HTMLFourth District Court of Appeal Upholds Two Denials of Class Certification: Addresses In Re Tobacco Cases and Acknowledges Differences in Damages Can Defeat Certification
Ruben D. Escalante; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 7, 2010, previously published on December 23, 2009
Two recent Fourth District Court of Appeal cases affirmed the denial of class certification. Kaldenbach v. Mutual of Omaha Life Insurance Co., 178 Cal.App.4th 830 (2009), was one of the first cases to address the California Supreme Court's decision in the In re Tobacco II Cases, 46 Cal. 4th 298...


HTMLUK: High Court Rules on Avoidance and Breach of Warranty Issues
Edwards Angell Palmer & Dodge LLP;
Legal Alert/Article
December 23, 2009, previously published on December 17, 2009
The claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends. AC Ward obtained insurance through its brokers, Henderson Insurance Brokers Limited (the Brokers) and the insurance was underwritten by Catlin (Five) Limited (the...


HTMLThe New FDA Guidance on the Listing of Ingredients in Tobacco Products
Diane Romza-Kutz; Troutman Sanders LLP;
Legal Alert/Article
December 18, 2009, previously published on December 14, 2009
The Federal Food and Drug Administration (“FDA”) recently posted a new Guidance for the tobacco industry, entitled Listing of Ingredients in Tobacco Products, (the “Guidance”) concerning the mandatory listing of ingredients with a rapidly approaching deadline of December 22,...


HTMLProfiles in Partnership: The Long View -- J.C. Newman Cigar Co. and Fowler White Boggs P.A.
E. Jackson Boggs; Fowler White Boggs P.A.;
Counsel to Counsel Article
December 14, 2009, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on November/December 2009
In an era when client relationships are often fleeting and contentious, there's a lot to learn from a true legacy partnership. Fowler White Boggs P.A. has provided service for J.C. Newman Cigar Co. for more than half a century.


HTMLCounsel to Counsel Magazine -- November/December 2009 Complete Issue

Counsel to Counsel Article
December 11, 2009
Naturally, the appeal of outsourcing grows in tight economic times, as cash-strapped companies look to find efficiencies anywhere they can. But outsourcing is no panacea, and unpleasant surprises await the unwary.


HTMLTobacco Firms Sue To Block Marketing Limits
Manatt, Phelps & Phillips, LLP;
Legal Alert/Article
November 12, 2009
A coalition of cigarette makers have filed a lawsuit to block marketing restrictions in a law that authorizes the Food and Drug Administration to regulate tobacco.


HTMLProfiles in Partnership: A Study in Compatibility -- Cummins Inc. and Baker & Daniels LLP
Hudnall A. Pfeiffer; Baker & Daniels LLP;
Counsel to Counsel Article
November 11, 2009, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on September/October 2009
Cummins Inc. makes things that make things go: diesel engines, power generators and boat motors, to name a few. But the engine behind the company¿s far-reaching labor and employment practice is a unique compatibility between the law department and its outside counsel at Baker &...


HTMLBest Practices: Reducing Outside Counsel Costs

Counsel to Counsel Article
November 11, 2009, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on September/October 2009
Situation: Corporate law departments are like any other internal organization. They must submit and stick to budget forecasts. That means exercising greater control over spending on outside legal services, which often consume the lion's share of a legal department budget.


HTMLCounsel to Counsel Magazine -- September/October 2009 Complete Issue

Counsel to Counsel Article
November 10, 2009
"The traditional model is, you have a matter and you either do it yourself or you hand it over," Mark Sifferlen, a senior in-house counsel at Cummins Inc., tells us in one of this issue's Profiles in Partnership. "That's just how a lot of law firms work."


HTMLMassachusetts Supreme Court Holds that Asymptomatic Plaintiffs May Sue for Medical Monitoring
Stephen J. Kane, Michael A. Olsen, Daniel L. Ring; Mayer Brown LLP;
Legal Alert/Article
November 9, 2009, previously published on November 4, 2009
In a recent opinion that bucks the national trend, the Massachusetts Supreme Judicial Court authorized plaintiffs who have no manifest physical injuries, but who assert "subcellular changes" caused by cigarette smoking, to sue for medical monitoring. , 914 N.E.2d 891 (Mass. 2009).


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