Litigation

New York Law Journal

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Fiduciary Duty Claims Against Construction and Design Professionals

Brent Gurney, Doug Curtis and Rachel Murphy of Wilmer Cutler Pickering Hale and Dorr write: A complaint arrives on your desk in which a client has accused your design company of myriad failures. You find the familiar line-up of claims in the complaint, such as breach of contract and negligence, but then you encounter something unexpected: a claim for breach of fiduciary duty. The plaintiff cannot possibly show that your company is its fiduciary, right? Well, not quite. Plaintiffs are testing the waters of fiduciary duty claims and, in some cases, with great success.

Assessing the Post-'Myriad' and 'Mayo' Landscape

Lisa Ferri and Emily Nash of Mayer Brown write: Recent years have seen tremendous advances in the field of biotechnology that have revolutionized the pharmaceutical industry and led to the explosive growth of innovative drug therapies and diagnostics. From a legal perspective, patenting of these inventions poses unique challenges—to encourage investment and innovation, while leaving scientists free to access genetic material and research tools.

You've Been Warned: Pleading and Proving Failure to Warn Claims

Steven F. Napolitano, Adam C. Tubbs and Christopher J. Santoli of Skadden, Arps, Slate, Meagher & Flom, write: While failure to warn claims are common in a variety of contexts, there are pitfalls regarding these claims for the unwary practitioner. Whether you are bringing a failure to warn claim on behalf of a plaintiff, or defending such a claim, it is essential to stay on top of recent developments in this area. Don't say you haven't been warned!

Legislature Expands Standing to Seek Protective Orders

Matthew F. Didora, a partner at Ruskin Moscou Faltischek, writes: In the context of criminal and grand jury subpoenas, the overwhelming weight of judicial authority held that the bank customer did not have standing to request a protective order against a subpoena issued to a bank. But this approach did not gain universal acceptance in the context of civil proceedings. Some courts have expressed a willingness to grant standing to the bank customer while others were reluctant to do so.

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