Supreme Court Confirms Expert Testimony Required to Establish Causation in Legal Mal Cases

by Wiggin and Dana LLP | Sep 15, 2019

In the recent case of Bozelko v. Papastavros, 323 Conn. 275 (Sept. 27, 2016), the Connecticut Supreme Court ruled that expert testimony is required to establish the element of causation in a legal malpractice case. Thus, even where an attorney’s performance was...

“Less Is More”: New Property Paradigm in the Information Age?

by Wiggin and Dana LLP | Sep 15, 2019

AbstractBefore striking down laws increasing copyright’s domain, judges and legislators are asking for evidence that information products will be created even if copyright protection is not provided. The future of Internet technology depends on locating this...

Cause of Action Alchemy: Little FTC Act Claims Based on Alleged Disclosure Violations

by Wiggin and Dana LLP | Sep 15, 2019

The Federal Trade Commission Franchise Rule (FTC Rule)1 does not provide a private right of action,2 but its detailed disclosure standards are a siren call for franchisees looking for a good cause of action. In the fifteen states with state franchise disclosure laws...

The Compliance Monitor Dilemma

by S Z | Sep 15, 2019

The U.S. Department of Justice continues to churn out policies and guidance reflecting the view that it is not merely looking to punish companies for their employees’ misdeeds, but to help the companies get better quicker. Whether viewing the Fraud...

What’s Left to Litigate about Forum Selection Clauses? Atlantic Marine Turns Four

by Wiggin and Dana LLP | Sep 15, 2019

It is no secret that home turf is an advantage. Plants grow best in their native soil and climate. Sports teams win more often on their home court or field.[1] This trope remains true in litigation. An attorney litigating in his or her home court knows the judges and...