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Recent Publications

Recent Regulatory Reform Runs Rampant, Kenneth Ross, DRI's Product Liability Committee Newsletter, Winter 2010

A Patent Panacea? The Promise of Corbinized Claim Construction, Jonathan L. Moore, Chicago-Kent Journal of Intellectual Property, 2010

Diversity Turns the Key for Success at Toyota, Sandra Giannone Ezell and Lawrence C. Mann, In-House Defense Quarterly, Winter 2010

Getting Down to Business: The Successes of the S.C. Business Court Pilot Program, Pamela J. Roberts, South Carolina Lawyer, January 2010

Progressive Pro Hac Vice: The Canadian Approach, David L. Campbell, For The Defense, January 2010

The Impact of 2009 Amendments to Rule 15, John D. Sear, Product Liability Law360 (http://www.law360.com/), January 2010

Secondary Payer Law Creates Challenges, Iman R. Soliman, Business Insurance, December 2009

The Iqbal/Twombly Decisions, Kim M. Schmid and William N.G. Barron, IV, Medical Malpractice Law & Strategy, December 2009

Recall Effectiveness: A Hot Topic, Kenneth Ross, DRI's Strictly Speaking, Fall 2009

Game-Changers: Defending Products Cases with Child Plaintiffs, Sandra Giannone Ezell and David E. Gluckman, chapter from Product Liability Litigation: Current Law, Strategies and Best Practices, Practising Law Institute, 1st Edition, Volume 1, October, 2009

Post-Sale Responsibilities in the United States and Foreign Countries, George W. Soule and Kenneth Ross, chapter from Product Liability Litigation: Current Law, Strategies and Best Practices, Practising Law Institute, 1st Edition, Volume 1, October, 2009

Public Nuisance Law: Resistance to Expansive New Theories, Jill D. Jacobson and Rebecca S. Herbig, Mass Torts, Fall 2009

Like It, Love It, Gotta Have It -- Kahala's Customized Approach to Diversity, Sandra Giannone Ezell and Michele B. Scarponi, In-House Defense Quarterly, Fall 2009

The Pharmaceutical Applications of Nanotechnology, Ronald C. Wernette, Medical Malpractice Law & Strategy, October 2009 

A Primer on Preserving Statute of Repose Defenses, Doug L. Pfeifer, Product Liability Law & Strategy, September 2009

Nanotechnology: Risks and Benefits in Pharmaceutical Applications, Ronald C. Wernette, Medical Malpractice Law & Strategy, September 2009 

Nanotechnology Coming to Your Store, Ronald C. Wernette, www.foodprocessing.com, August 31, 2009

How to Prepare For and Take Your First Expert Deposition, Barry J. Koopmann, Verdict, Summer 2009

Tackling Tough Issues at Trial, Alana K. Bassin, Verdict, Summer 2009

Your First Trial: Understanding the Second-Chair Role, Michael R. Carey, Verdict, Summer 2009

Comparative/Contributory Negligence and Joint Several Liability: A State by State Summary, Arizona section, Dustin A. Christner; Michigan section, Ronald C. Wernette and Nicholas G. EvenABA TIPS, July 2009

New Guidance on the Enforceability of Limitation of Liability Provisions, William F. Auther and Mary M. Kranzow, Critical Path, Summer 2009

Lean and Mean: A Practical Guide to Cutting Costs and Making Effective Litigation Decisions in a Down Economy, Scott B. Paxton and William N.G. Barron, IV, In-House Defense Quarterly, Summer 2009

The Michigan "Lemon" Law: A 2009 Practice Guide, Ronald C. Wernette, Jr. and Nicole L. DiNardo, Michigan Defense Quarterly, July 2009

Huddled Masses Yearning to Strike It Rich: Foreign Plaintiffs Shopping for Gold in American Courts, Paul G. Cereghini and John D. Sear, Law.com, July 17, 2009

Third Party Thinking: The Duty to Preserve, Collect, and Produce Electronically Stored Information Held by Third Parties, Ronald C. Wernette, Inside Counsel, June 22, 2009

California Supreme Court Issues Important Ruling Giving New Life to "Consumer Protection" Class Actions, Mark V. Berry, Bowman and Brooke's E-Newsletter, May 2009

The Dawn of the Age of Nanotorts, Ronald C. Wernette, Product Safety & Liability Reporter, April 2009

Voir Dire in Cases with Child Plaintiffs, Sandra Giannone Ezell and David E. Gluckman, DRI's For The Defense, April 2009

Invisible Diversity: What You Can't See Can Help You, Jill D. Jacobson, Diversity Executive's Newsletter, April 20, 2009

Foreign Privacy Laws in U.S. Courts, Thomas P. Branigan and David J. Gentile, For The Defense, March 2009

A Close-Up Look at Steelcase Inc.'s Commitment to Diversity, Sandra Giannone Ezell and Andrea L. Moody, In-House Defense Quarterly, Spring 2009

Fed. R. Evid. 612 - Use It or Lose It, Robert L. Wise and David E. Gluckman, In-House Defense Quarterly, Spring 2009

Foreseeability: A Critical Analysis in Minimizing Pre-sale and Post-sale Liability, Kenneth Ross, DRI's Strictly Speaking, Spring 2009

The Dawn of the Age of Mass Nanotorts, Ronald C. Wernette, American Bar Association's Mass Torts, Volume 7, Number 2, Spring 2009

Joint Tortfeasor Liability in Strict Products Liability Actions in Arizona, Iman Soliman, Product Safety & Liability Reporter, March 23, 2009

Health Care Nanoscience: Regulation By Litigation, Ron Wernette, Law360, March 20, 2009

Setoff in Tort Cases Under Virginia Code Section 8.01-35.1 For What, When and For How Much?, Robert L. Wise and Rebecca S. Herbig, Journal of Civil Litigation, Spring 2008

The Coming Age of Nanotorts, Ronald C. Wernette, LJN's Product Liability Law & Strategy, March 2009

The CPSIA and All-Terrain-Vehicles: New Burdens at an Inopportune Time, Jill D. Jacobson and David E. Gluckman, DRI's The Voice, February 25, 2009

PLP: Even More Important in Tough Economic Times, Kenneth Ross, DRI's Strictly Speaking, Winter 2009

Flight of Female Lawyers in Canada Mirrors US Exodus, Alana K. Bassin and Lisa Ridgedale, Of Counsel, January 2009

The Dawn of the Age of Nanotorts, Ronald C. Wernette, BNA Inc.'s Class Action Litigation Report, January 9, 2009

Addressing Discrimination: An Overview of Workplace Protections for Sexual Minorities, Jill D. Jacobson, DRI's In-House Defense Quarterly, Winter 2009

Product Recalls: Be Prepared, Kenneth Ross, Inside Supply Management, December 2008

Qualified Immunity forArchitects and Engineers, Charles (C.J.) Schoenwetter, Construction Accounting and Taxation, November/December, 2008

The Legal Risks of Nanotechnology, Ronald C. Wernette and Ryan L. Nilsen, DRI's For the Defense, November, 2008

Light Cigarettes and Drug Labeling: The U.S. Supreme Court Tackles Preemption - Again, Jill D. Jacobson, DRI's The Voice, November 5, 2008

Uncertainties of Federal Disclosure Requirements for Employee Experts, John D. Sear and Ryan A. McCarthy, Product Liability Law & Strategy, September 2008

Nanotechnology in Medical Applications: Hippocratic Oath and Hegelian Recursion, Ronald Wernette, Rx for the Defense, Fall 2008

The Consumer Product Safety Improvement Act of 2008 and its Effect on Product Liability Litigation, Kenneth Ross, DRI's Strictly Speaking, Fall 2008

Dealing Effectively with the Child Witness, David N. Lutz with Norma M. Gant, IPEMA Newsletter, Summer 2008

To Object or Not to Object: An Exception to the Contemporaneous-Objection Rule, Robert L. Wise and David E. Gluckman, DRI's Certworthy, Summer 2008

Gender and Generational Issues Across Borders, Alana K. Bassin and Lisa Ridgedale, The Woman Advocate, Summer 2008

Riegel v. Medtronic: Better Off Without It?, Kim M. Schmid and Shane V. Bohnen, Law 360, August 1, 2008

Is Your Personal Guaranty Enforceable?, Charles (C.J.) Schoenwetter and Michael A. Montgomery, Journal of Construction Taxation and Accounting, July/August 2008

Ask the Lawyer: Enforcing Personal Guaranties, Charles J. Schoenwetter and Michael A. Montgomery, NAHB E-Newspaper - Nation's Building News, July 29, 2008

Stop the partisan politics, George W. Soule, The National Law Journal, July 21, 2008

Franchisors must follow new rules effective July 1, 2008, Thomas P. Branigan, The Detroit Legal News, July 11, 2008 and Oakland Legal News, July 18, 2008

The 2007 AIA Contract Revisions: What Contractors Need to Know About A201, Charles (C.J.) Schoenwetter and Michael R. Carey, Construction Accounting and Taxation, May/June 2008

Beware: Your Company's Duty to Preserve, Collect, and Produce Electronically Stored Information Held by Third Parties, Ronald C. Wernette, Bowman and Brooke's E-Discovery E-Newsletter, May 2008

Post-Sale Duties: How to Decide When the Duty ArisesKenneth Ross, DRI's Product Liability Committee Newsletter Strictly Speaking, April 2008

Qualcomm Round 2: Outside Lawyers May Use Client's Confidential Information In Fighting Against Sanctions, Ronald C. Wernette, Bowman and Brooke's E-Discovery E-Newsletter, March 2008

Change Orders: Recognizing Cardinal Changes & Knowing Your Rights, Charles (C.J.) Schoenwetter and Daniel J. Smith, Bowman and Brooke's Construction E-Newsletter, March 2008

Is Your Personal Guaranty Enforceable?, Michael A. Montgomery and Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, March 2008

Defending Lead-Containing Toy Lawsuits, Ryan L. Nilsen and Michael R. Carey, DRI's For The Defense, February 2008

Manufacturers Win Another Battle in the Preemption War, Robert L. Wise and Jill D. Jacobson, Common Law Journal, February 2008

Efficient Lawyering: Strategies for Construction Companies, Charles (C.J.) Schoenwetter and C. Paul Carver, Construction Accounting and Taxation, January/February 2008

Early Choice of Law Analysis is Essential to Effective and Economic Litigation, Jenny A. Covington, DRI's The Whisper, Volume 1, Issue 6, January, 2008

National Counsel: An Approach to Consider, C. Paul Carver and Charles (C.J.) Schoenwetter, ABA TIPS Committee Newsletter, Winter 2008

Manufacturers versus Component Part and Raw Material Suppliers: How to Prevent Liability, Kenneth Ross, DRI's Product Liability Committee Newsletter Strictly Speaking, January 2008

The Duty to Warn Illiterate or Non-English-Reading Product Users, Kenneth Ross, In-House Defense Quarterly, Winter 2008

Qualcomm Inside and Outside Lawyers Sanctioned for E-Discovery Misconduct: What Went Wrong?, Ronald C. Wernette, Bowman and Brooke's E-Discovery E-Newsletter, January 2008

The Transformation of Preemption Law, Jill D. Jacobson and Rebecca Herbig, DRI's For the Defense, December 2007

Spotlight on Minnesota: Completed Operations Insurance Now Required, Charles (C.J.) Schoenwetter, Lorman Education Services' Construction Update, October 2007

Making the Case for National Counsel, C. Paul Carver and Charles (C.J.) Schoenwetter, Minnesota Lawyer, September 2007

Court of Appeals Renews Attack on the Written Notice Requirement for Statutory Warranty Claims, Charles (C.J.) Schoenwetter and William N.G. Barron IV, Bowman and Brooke's Construction E-Newsletter, September 2007

A Subcontractor's Right to Prompt Payment, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, September 2007

Homeowner's failure to give proper notice and opportunity to repair to builder resulted in court holding builder did not breach the 10-year statutory warranty, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, September 2007

MECHANIC'S LIENS: Questions & Answers, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, September 2007

Defense Themes in Design Cases, David N. Lutz, Shane V. Bohnen and Norma Gant, IPEMA Newsletter, Fall 2007

E-Discovery and Rule 26 and Rule 16 Conferences: Foundation for Success or Root of Failure, Ronald C. Wernette, Bowman and Brooke's E-Discovery E-Newsletter, August 2007

Red Sky in the Morning: Modifying Prescription Drug Labels as a Result of Postmarket Surveillance, Jill D. Jacobson and David Feigal, Food and Drug Law Journal, Volume 62, Issue 3, 2007 (With permission from FDLI)

Preventing Liability for Foreign Products - A PLP Primer, Kenneth Ross, Product Liability Committee Newsletter Strictly Speaking (DRI), July 2007

A Lawyer's Role in Product Liability Prevention, Kenneth Ross, In-House Litigator (ABA), Summer 2007

Completed Operations Insurance Coverage Now Required of Residential Building Contractors and Remodelers, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, July 2007

Form Your Company First and Then Buy the Property, or Risk Not Owning the Property, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, July 2007

Legislature Amends the Statute of Limitations to Allow Claims for Contribution and Indemnity Against Subcontractors and Material Suppliers More than 10-Years After Completion of Construction, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, July 2007

MECHANIC'S LIENS: Questions & Answers, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, July 2007

Defense Themes in Playground Equipment Warnings Case, David N. Lutz, fand Shane V. Bohnen, IPEMA Newsletter, June 2007

Look Good and Save Money: Ten strategies for in-house counsel to obtain excellent results in an efficient manner, C. Paul Carver and Charles (C.J.) Schoenwetter, Minnesota Lawyer, June 2007

Recent Developments in Automobile Law, Rebecca S. Herbig and Gary M. Pappas, Tort Trial & Insurance Practice Law Journal, Winter 2007

Trade Secrets: At Risk Now More Than Ever, Tom Branigan , Michigan Lawyers Weekly, April 2007

Danger! The Legal Duty to Warn and Instruct , Kenneth Ross , Risk Managment Magazine, March 2007

Round Up the Usual Suspects, Sandra Giannone Ezell, Product Liability Law & Strategy, February 2007

Punitive Damages in Commercial Transportation: A State by State Summary, Candace A. Blydenburgh and Ashley Dobbin, American Bar Association's Punitive Damages Compendium, Spring 2007.

Removal to Federal Court: Death of the First-Served Defendant Doctrine, John D. Sear and Nicholas G. Even, Law Journal Newsletters Product Liability Law & Strategy, January 2007

Post-Sale Duties: A Minefield for Manufacturers ,George W. Soule and Kenneth Ross, In-House Defense Quarterly, Defense Research Institute, Inc.,  Fall 2006

Keep Aware of Product Safety Reporting Requirements , Kenneth Ross, Product Liability Law & Strategy, March 2006

Product Liability Goes Global , Kenneth Ross, Risk Management Magazine, February 2006

Do Cars Drive Themselves? Electronic Stability Control Alters the Battleground, Candace Blydenburgh, TortSource, Spring 2006

Recent Developments in Automobile Law, Sandra Giannone Ezell and Michael Bell, Tort Trial & Insurance Practice Law Journal, Winter 2006

How to Mount a Successful Defense Against Toxic Mold Claims, Rick Morgan and C.J. Schoenwetter, Construction Accounting and Taxation, January/February 2006

Pharmaceuticals: VIOXX case shows a need for action, Larry Mann, Counsel to Counsel, January 2006

More Guidance for Warnings and Instructions , Kenneth Ross, For the Defense, Defense Research Institute, Inc., December 2005

New CACI Jury Instructions: A View from the Trenches , Mark Berry and Jenny Covington, The Verdict, November 2005

Archived publications

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