Author Index of Articles by Firm Attorneys
Brown, Brickford Y.
Riva Jr., Denis P.
June 2007 -- Do You Need a Privilege Log for Your Privilege Log?
Brickford Y. Brown
February 2004 -- Neuroimages As Proof of Toxic Exposure Injuries: Not Always What They Appear To Be
January 2004 -- Water Intrusion and Toxic Mold Claims in Virginia
March 2003 -- "Are We Out of the Gray Area Yet? Recent Developments in the Use of PET and SPECT Scans to Prove Causation and Injury in Toxic Tort Litigation", presentation by Mr. Brown at The DRI Toxic Tort and Environmental Law Seminar in San Diego on March 20 and 21, 2003, updating his earlier article, Does Your PET Bite? The Misapplication of Brain Scans in Toxic Tort Litigation, originally published in the March 1997 issue of For the Defense.
March/April 2001 -- PPA: What's on the Horizon Now?, Food and Drug Law Institute UPDATE, March/April, 2001
1998 -- The Use of Positron Emission Tomography (PET) and Single-Photon-Emission Computed Tomography (SPECT) in Toxic Tort Litigation, presented at the DRI Toxic Torts and Environmental Law Conference in Baltimore, MD.
1997 -- Does Your PET Bite? The Misapplication of Brain Scans in Toxic Tort Litigation, From March 1997 For the Defense (Reprinted with permission, Defense Research Institute, Inc.)
Conn, Martin A.
May 2005 -- Update Product Liability Law Virginia 2005, VADA Spring Section Series
February 2005 -- Spoliation of Evidence: Case against Michelin Dismissed as Spoliation Sanction for Failing to Preserve the Allegedly Defective Tire, Conn, Martin A.
April 2004 -- Attorney Misconduct: Plaintiff's Lawyer Disqualified for Misappropriation and Misuse of Defense Counsel's Confidential Work-Product
April 2004 -- Federal Evidence: Third Circuit Finds Subsequent Remedial Measures By Non-Party Admissible to Prove Product Defect Against the Product's Manufacturer
November 2003 -- Seat Belt Non-Use Evidence: Indiana Supreme Court Holds Plaintiff’s Failure to Wear Seat Belt is Product “Misuse”
September 2003 -- Dismissal of Products Liability Cases for Spoliation of Evidence
Jacobson, Jill D.
December 2004 -- Understanding Quality Management, For the Defense, Defense Research Institute, Inc.
May 2004 -- Where We Have Been...Where We are Going. An Update of Product Liability Law in Virginia
March 2004 -- Leaves of Absence
March 2004 -- Employee Privacy in the Workplace
January 2004 -- Products Liability: Indiana Supreme Court Shoots Down Gun Manufacturers' Arguments Against Nuisance Case, But the Battle Is Not Yet Over
January 2004 -- Employee Privacy: Two Jurisdictions Expand Employers' Ability to Monitor Employees
March 2003 -- Due Diligence: Companies Should Seek Counsel Before Engaging a Third-Party “Sarbanes-Oxley Compliance” Provider
March 2003 -- Sarbanes-Oxley Section 301: Don’t Be Fooled by an April Deadline
March 2003 -- Municipalities are "Persons" Amenable to Suit Under the Federal False Claims Act - analysis of U.S. Supreme Court Decision Cook County v. United States ex rel. Chandler
February 2003 -- Recreational Products: 2002 Year in Review, presented at the February, 2003 DRI Products Liability Conference in Las Vegas, NV.
May 2002 -- Defense Planning for the Automobile Injury Case and Ethical Considerations in the Automobile Injury Case, National Business Institute Seminar, Trying the Automobile Case in Virginia, May 2002.
Kiker, Dennis R.
June 2006 -- Product Liability: Florida appellate court requires trial court to determine absence of public hazard before entering protective order
June 2006 -- Commercial General Liability Insurance: No Coverage Available Under Commercial General Liability Policy for Defective Workmanship Unless Damage Results to Property Other Than the Defective Work Product Itself
June 2006 -- Electronic Discovery: From E-Discovery to E-Evidence: Laying a Proper Foundation for Electronically Stored Information May Be More Difficult Than You Thought
June 2006 -- Product Liability: Federal Court Misconstrues Plaintiff’s Expert Report in Denying Motion for Summary Judgment on Failure to Warn Claim
June 2006 -- Electronic Discovery: To TIFF or Not to TIFF: District Courts Struggle with the Form of Electronic Document Production With Differing Results
May 2006 -- Spoliation of Evidence: Automatic Deletion of E-Mail Messages Held to Constitute Negligent Spoliation of Evidence Justifying Adverse Inference Instruction Even in the Absence of Bad Faith
May 2006 -- Electronic Discovery: States Provide Cost-Shifting for Inaccessible Data
May 2006 -- Electronic Discovery: U.S. District Court Denies Motion to Compel Access to Computer
April 2006 -- Electronic Discovery: Request to Inspect Computer Hard Drives Denied as Beyond Scope of Rule 34
April 2006 -- Discovery: Discovery Sanctions Imposed Without Rational Basis Violate Due Process
April 2006 -- Electronic Discovery: Plaintiff Sanctioned for Failure to Explain Inability to Produce Electronically Stored Documents,
April 2006 -- Expert Witnesses: Innovative Expert Qualifications and Design Trade-offs - Presentations
December 2005 -- Electronic Discovery: Federal Court Issues E-Discovery Directives Based In Part on Proposed Federal Rules
December 2005 -- Document Production: Parent Held to “Control” Documents in Possession of Non-Party Subsidiary
December 2005 -- Trade Secrets: Florida Appellate Court Requires Trial Court to Determine Absence of Public Hazard Before Entering Protective Order
December 2005 -- Diversity Jurisdiction: Supreme Court Holds That Defendants Need Not Negate Existence of Potential Co-Defendants That Would Destroy Diversity When Removing Case to Federal Court
November 2005 -- Spoliation of Evidence: Spoliation of Evidence Results in Dismissal – Trial Court Erroneously Balanced Culpability of Both Parties for Failure to Preserve Evidence
November 2005 -- Electronic Discovery: Discovery Master Rejects Speculative Demand for More E-Mail
November 2005 -- Electronic Discovery: District Court Orders Production of Electronic Data in Vehicle “Black Box”
October 2005 -- Diversity Jurisdiction: Eleventh Circuit-Court Must Look Beyond Pleadings to Evaluate Claim of Fraudulent Joinder to Destroy Diversity
October 2005 -- Attorney-Client Privilege: Federal Court Adopts Minority Position in Finding Work Product Protection Not Waived for Documents Produced to Government Under Confidentiality Agreement
September 2005 -- Products Liability: Federal Court Upholds “Fraud on NHTSA” Claim Under Texas Law
September 2005 -- Document Retention: Missouri Supreme Court Rejects Plaintiffs’ Post-Settlement Petition to Require Cooper Tire to Preserve Documents Produced in Litigation
June 2005 -- Electronic Discovery: Proposed Amendments to Federal Rules of Civil Procedure Regarding Discovery of Electronically Stored Information Move One Step Closer to Approval
June 2005 -- Amusement Rides: California Supreme Court Holds That Operators of Roller Coasters Are “Common Carriers” Subject to Heightened Duty of Care
June 2005 -- Attorney-Client Privilege: Corporate E-Mail Policy May Determine Whether Attorney-Client Privilege Attaches to Personal E-Mail Messages
June 2005 -- Spoliation of Evidence: Failure to Preserve E-Mail Justifies Spoliation Instruction
June 2005 -- Electronic Discovery: Defendant's Use of Evidence Eliminator Results in Default Judgment and Attorneys Fees
May 2005 -- Electronic Discovery: Court Finds E-mail Thread Severable for Privilege Analysis
May 2005 -- Consumer Privacy: California Constitution Held to Prohibit Disclosure of Consumer Contact Information Without Affirmative Consent
May 2005 -- Internet: Website Terms of Service Binding Even If Never Seen Cairo v. Crossmedia
May 2005 -- Electronic Discovery: Special Considerations, or, "What You Don't Know Can Hurt You."
March 2005 -- Document Retention: Understanding the FACTA Disposal Rule
February 2005 -- Attorney-Client Privilege: ISPD News Jan.-Feb. 2005 issue, Spoliation of Evidence Through Document Retention Policy Triggers Crime/Fraud Exception to Attorney-Client Privilege
December 2004 -- Discovery: California Code Held to Mandate Shifting Necessary and Reasonable Costs of Translating Data Compilations to Requesting Party
December 2004 -- Privilege Waiver: Magistrate Orders Disclosure of Attorney-Client Privileged Documents in "Meet and Confer" with Opposing Counsel
December 2004 -- Document Retention: Third Circuit Affirms Sanctions for Deletion of Electronic Data
November 2004 -- Document Retention: District Court Awards Sanctions and Adverse Inference Instruction for “Extremely Reckless” Destruction of E-Mail
November 2004 -- Product Liability: Courts in Oklahoma and Texas Find Mexico a Suitable Forum for Product Liability Actions
September 2004 -- Federal Discovery: Fourth Circuit Finds Discovery Sanctions to be Invalid Criminal Penalties
August 2004 -- Discovery: New Jersey Supreme Court Denies Public Access to Unfiled Discovery Subject to Stipulated Protective Order
July 2004 -- Zubulake V: Court Sanctions Defendant for Electronic Discovery Abuse
July 2004 -- Spoliation of Evidence: Spoliation of Evidence Through Document Retention Policy Triggers Crime/Fraud Exception to Attorney-Client Privilege
July 2004 -- Spoliation of Evidence: Adherence to Document Retention Policy Held to Constitute Spoliation
June 2004 --Abusive Discovery: Interlocutory Appeal Available for Abusive Discovery Order
June 2004 -- Electronic Discovery: Fourth Amendment Limitations on Electronic Discovery
June 2004 -- Electronic Discovery: Tenth Circuit Applies Traditional Discovery Analysis to Electronic Discovery Dispute
May 2004 -- Document Retention: Document Destruction is No Laughing Matter
May 2004 -- Amusement Parks: Amusement Park Responsible for Injuries to Obese Patron
May 2004 -- Electronic Discovery: Companies Frequently Unprepared for Requests to Produce Electronic Data
December 2003 -- Consumer Products: CPSC Issues Annual Report on Mobile and Inflatable Amusement Rides
Lonas, C. Dewayne
August 2004 --Professional Liability: Attorney Who Drafts Will Does not Owe a Duty to the Heir of the Testator's Estate
June 2003 -- Corporate Liability: Va. S.Ct. Recognizes "Reverse Veil-Piercing"
May 2003 -- Fourth Circuit Reminds Contractors to Put It In Writing
McMurdo, Lisa Moran
October 2005 -- Protecting Trade Secrets in Litigation, published in the October 2005 issue of Atlantic Coast In-House
June 2005 -- Judicial Hellholes: Hellhole No More?
May 2005 -- PROTECTING TRADE SECRETS IN DISCOVERY - Outline and Presentation
May 2005 -- Trade Secrets: Court Denied Trade Secret Misappropriation Claim Where Employer Failed to Take Adequate Steps to Protect Confidential Information
September 2004 -- Federal Discovery: Fourth Circuit Finds Discovery Sanctions to be Invalid Criminal Penalties
January 2004 -- Products Liability:Welding Rod Plaintiff Finds Success in Madison County, a Noted “Judicial Hellhole”
November 2003 -- Litigation Reform: Review of ATRA "Judicial Hellholes" Report
Moran, Kenneth J.
July 2003 -- Trade Secrets: Nebraska Court Sanctions Plaintiff's Expert
October 2002 -- Negotiating a Structured Settlement, Virginia CLE Seminar, Structured Settlements in Virginia Revisited, Presented live October 3, 2002, Replayed October 31, 2002. Related presentation.
2000 -- Product Liability in the United States: Managing the Increasing Risk by Kenneth J. Moran and John M. Weisner. Available in German, Produkthaftung in den Vereinigten Staaten: Bewältigung des Risikos, by Kenneth J. Moran, John M. Weisner, Matthias, Rösler, Bernd K. Zeutschel, in "Business Guide USA" (editors: David Knower, Thomas F. Spemann and Günther Würtele") publisher Frankfuter Allgemeine Zeitung, Verl.-Bereich Buch, 2000
Moran Kiker Brown
September 2004 -- Punitive Damages: Court Further Reduces $3 Billion Punitive Damages Award in Philip Morris Case
November 2003 -- Amusement Industry: Inflatable Amusement Devices - Virginia Regulations
January 2004 --Punitive Damages: South Dakota Jury Awards 200 to 1 Ratio of Punitive to Compensatory Damages
January 2004 -- Products Liability:Federal Appellate Court Rules in Warnings Case That Smoking Risks were Common Knowledge
December 2003 -- Consumer Products: Daisy Avoids Recall in Controversial CPSC Decision
October 2003 -- Networking Uncovers Documents Leading to Drastic Sanction Against Company
October 2003 -- U.S. S.Ct. Vacates Two Punitive Damages Awards Against Philip Morris and Chrysler Motors
September 2003 -- Oregon Court Interprets State Farm v. Campbell
May 2003 -- Punitive Damages: W.D.Va Adopts Ratio "Directive" from State Farm v. Campbell Decision
April 2003 -- U. S. Supreme Court: The U.S. Supreme Court Struck a Damaging Blow to Excessively Large Punitive Damages Awards
Reeves, Eric G.
January 2004 -- Water Intrusion and Toxic Mold Claims in Virginia
January 2004 -- Texas Discovery: Access Does Not Equal "Possession, Custody or Control" Under Texas Discovery Rules
June 2003 -- Corporate Liability: Va. S.Ct. Recognizes "Reverse Veil-Piercing"
May 2003 -- Fourth Circuit Reminds Contractors to Put It In Writing
March 2003 -- Brown, Brickford Y., Reeves, Eric George and Wesser, Christopher J. - "Are We Out of the Gray Area Yet? Recent Developments in the Use of PET and SPECT Scans to Prove Causation and Injury in Toxic Tort Litigation", presentation by Mr. Brown at The DRI Toxic Tort and Environmental Law Seminar in San Diego on March 20 and 21, 2003, updating his earlier article, Does Your PET Bite? The Misapplication of Brain Scans in Toxic Tort Litigation, originally published in the March 1997 issue of For the Defense.
Rosenberg, Jason D.
August 2005 -- Domain Names: Fourth Circuit Allows Gripe Site Critical of Reverend Jerry Falwell
November 2004 -- Internet: Loudon County Circuit Court is First to Convict "Spammers"
September 2004 -- Internet: The Saga of "Sex.com" and the Tort of Conversion of Domain Names
August 2004 --Intellectual Property: Tiffany & Co. Files Suit Against eBay For Trademark Infringement and Other Claims
Wesser, Christopher J.
September 2005 -- Trade Secrets: Duty to Identify Trade Secrets with Particularity Extends to All Actions Involving Trade Secrets
August 2005 -- Products Liability: Tire Service Life – Federal Court Rejects Plaintiff-side Expert’s “Tire Aging” Testimony
August 2005 -- Class Actions: Illinois Supreme Court Reverses $1 Billion Judgment Against State Farm
August 2005 -- Insurance Coverage: Fourth Circuit Holds that Off-Duty Employee is Not an Insured Under Employer's Business Automobile Insurance Policy
August 2005 -- Federal Courts: Discovery / Evidence - Texas Federal Court Rejects Plaintiff's Attempts to Compel Evidence Regarding Dissimilar Models
June 2005 -- False Claims: U.S. Supreme Court Holds That State Statutes of Limitations Apply to Retaliation Claims
June 2005 -- Products Liability: Manufacturer Which Built Machine to Customer’s Specifications Not Liable for Alleged Design Defect
March 2005 -- Products Liability: Foreign Parent Corporation Held to be “Manufacturer” of Product Made by American Subsidiary
February 2005 -- Class Actions: Class Action Fairness Act Signed Into Law
December 2004 -- Federal Courts/Removal: "Federal Agent" Jurisdiction
April 2004 -- Corporate Communications: Laws Aimed at Unsolicited Bulk E-Mail ("SPAM") and Faxes May Create New Type of "Mass Tort"
April 2004 -- Sarbanes-Oxley: Study Reveals That Over a Third of the Companies Sued Under Whistleblower Provisions Are Not "Publlicly Traded" Corporations
March 2004 -- Expert Witnesses: Texas Appellate Court Rejects Testimony of Two Plaintiff-Side Tire "Experts"
January 2004 -- Toxic Torts / Statute of Limitations:Third Circuit Holds Negative Diagnosis May Trigger Discovery Rule and Toll Statute of Limitations
January 2004 -- Whistleblower: Sarbanes-Oxley Complaints Have Claimed Top Spot at Department of Labor
December 2003 -- Manufacturers: Consumer Product Safety Commission Releases New Consumer Product Instruction Guide
December 2003 -- Punitive Damages: California Court Rejects Broad Approach to Punitive Damages Awards
December 2003 -- Toxic Torts: Legislative Safe Harbor for MTBE Producers in Doubt
November 2003 -- Virginia Procedure: Virginia Supreme Court Clarifies Nonsuit Rights
November 2003 -- Whistleblowers: Companies Pay $2.1 Billion in Penalties in Fiscal Year Ending 9/30/2003
October 2003 -- Federal Jury Awards Small Firm $20 Million for Unauthorized Distribution of Newsletter
October 2003 -- Lawsuit Targets Video Game
October 2003 -- Federal Rule 26(a)(2)(B) Mandatory Disclosure Versus Rule 26(b)(3) Opinion Work Product Doctrine
October 2003 -- Class Action Legislation Stalls in Senate
October 2003 -- False Claims: In Isabel's Aftermath, Businesses Must Be Aware of Rules for Claiming, Handling and Disbursing Government Aid
October 2003 -- Mass Torts: FBI Launches Investigation Into Class Action Practices in Notoriously Plaintiff-Friendly Jurisdictions in Mississippi
September 2003 -- 11th Cir. Rejects District Court Order Allowing Direct Access to Company Database
September 2003 -- Auditor Arrested for Alleged Sarbanes-Oxley Violations
September 2003 -- Congress Moves Closer to Class Action Litigation Reform
August 2003 -- Identity Theft: Credit Issuers not Liable for Extending Credit to Impostors
July 2003 -- Trade Secrets: Nebraska Court Sanctions Plaintiff's Expert
March 2003 -- U.S. Supreme Court: Asbestos / FELA "Fear of Cancer" Claim Decision - Norfolk & Western Railway Co. v. Ayers
March 2003 -- Due Diligence: Companies Should Seek Counsel Before Engaging a Third-Party “Sarbanes-Oxley Compliance” Provider
March 2003 -- Sarbanes-Oxley Section 301: Don’t Be Fooled by an April Deadline
March 2003 -- Municipalities are "Persons" Amenable to Suit Under the Federal False Claims Act - analysis of U.S. Supreme Court Decision Cook County v. United States ex rel. Chandler
March 2003 -- Brown, Brickford Y., Reeves, Eric George and Wesser, Christopher J. - "Are We Out of the Gray Area Yet? Recent Developments in the Use of PET and SPECT Scans to Prove Causation and Injury in Toxic Tort Litigation", presentation by Mr. Brown at The DRI Toxic Tort and Environmental Law Seminar in San Diego on March 20 and 21, 2003, updating his earlier article, Does Your PET Bite? The Misapplication of Brain Scans in Toxic Tort Litigation, originally published in the March 1997 issue of For the Defense.
February 2003 -- Recreational Products: 2002 Year in Review, presented by Jill Jacobson at the February, 2003 DRI Products Liability Conference in Las Vegas, NV.
