Recent court jury importance of strengthening commercial information and confidential

Over the past two months, two juries were each awarded 30 million dollars in damages separate trade secret cases. A jury in California Hansen Medical, Inc. $ 36,300,000 in damages a trade secret and breach of contract action against Luna Innovations, Inc. in late April. Recently jury in federal court in Atlanta awarded Lockheed Martin $ 37,300,000 in the event of a trade secret against L-3 Communications Corp., and a daughter.

Each of these casesmay be challenged and perhaps be explained. However, the size of judgments, but some important information for business. First, the judgments shows that trade secrets can have enormous value for companies. Companies that trade secrets should ensure that they are protected by Non-Disclosure Agreement ("NDAS") and other protective devices.

The extension of the non-disclosure agreements are required will vary from company to company. However, companies should considerNDA if necessary regarding the following categories of persons or companies are: (1) employees confidential information or trade secrets to use, (2) Consultants exposed to such information, (3) actual or potential customers, (4) actual or potential suppliers, (5) other companies in which a company is considering a common task of development, an agreement or "partnership", and (6) potential investors or merger and acquisition candidates.

Besides NDA, a company musttake other measures to ensure the confidentiality of information. These steps may also be restricted distribution, periodically warning employees about the need to maintain confidentiality, the storage of sensitive information under lock and key, password protection and a host of other types of security possible.

In contrast, companies that recruit employees who previously worked for competitors should take measures to ensure that these employees do not take their former employers 'trade secrets'. This canaddressed through work and other measures.

Employees planning to leave their employer and a competitor or start their own businesses should also adopt measures to prevent trade secrets involved in litigation. This can be as simple as having a clear understanding (preferably in writing) with the employer about what can and can not recruit staff when leaving and then stick to this understanding.

The "McDonald's Coffee" Case

In one of wrong or misunderstood cases in recent history, Albuquerque, New Mexico jury of 79 year-old Stella Liebeck $ 2,900,000 for severe burns suffered after he poured a cup of coffee, McDonald's knee, which had placed between them.

The jury award was $ 200,000 in damages and $ 2,700,000 for punitive damages (because of the McDonald's insensitive behavior). The jury also found Mrs. Liebeck 20% negligent,Minimize the damage at $ 160,000. The judge also reduced the punitive damages to $ 480,000.
Mrs. Liebeck did not receive $ 2,900,000, or $ 2,860,000, or $ 740,000. The parties had a post-sentence for an undisclosed amount.

(The Member States have different legal standards of negligence. New Mexico used a comparative negligence rule, we assign the debt and therefore proportional judgments. Other states like North Carolina with a non-contributoryNegligence standard, which prevents a plaintiff from recovery if their actions have contributed to 1% for the incident!)

THE FACTS OF THE CASE

Mrs. Liebeck, while a passenger in his nephew bought the car with a cup of coffee at the drive-thru window at McDonalds. As the car was stopped, they found the cup between her knees and tried to remove the cover. The inverted cup and poured the scalding (180-190 ¡F) hot water on his knees.

Yousuffered third degree burns on 16 percent of his body. During his eight day hospital stay she underwent skin grafts and treatment for painful whirlpool debridement (removal of damaged tissue), their wounds. He has large scars and has been locked for over two years.

Despite this very painful and debilitating injuries and their costly medical treatment, Ms. Liebeck offered to settle with McDonald's for $ 20,000.

McDonald's refused to settle and the case went toStudio.

FACTS ON FIRST STREET

The jury heard testimony from the following:

McDonald's coffee sales or $ 1,300,000 per day.

or the specific company, sold McDonald's caused their coffee at 180 to 190 degrees Fahrenheit, the coffee at that temperature, if spilled, third-degree burns (the skin is gone and burned to the muscle / layer of adipose tissue) in 2 -7 seconds and third-degree burns do not heal without skin grafting, debridement and whirlpoolTreatments that cost tens of thousands of dollars and lead to permanent disfigurement, extreme pain and disability of the victim for many months and sometimes years;

o The Director of the Department of Mechanical Engineering and Bio-engineering at the University of Texas testified that the risk of damage is not acceptable, Widely recognized as an expert on burns, the director of the main scientific journal in the field of specialty chemicals , Journal of Burn Care andRehabilitation;

Or McDonald's has admitted that she is known about the risk of serious burns from hot coffee warm for more than 10 years – the danger was brought to its attention through numerous other claims and suits, to no avail;

o From 1982 to 1992, the McDonald's coffee burned more than 700 people, many receiving severe burns in the genital area, perineum, thighs and buttocks;

or Not only men and women but also children and children are burned by McDonald'shot coffee, in some cases by accidental spillage of McDonald's employees;

Or at least one woman had dropped the coffee in her lap through the service window, causing third degree burns to her inner thighs and other sensitive areas, which resulted in disability policy for years;

Witnesses or for McDonald's admitted in court that the consumer, the magnitude of the risk of serious burns from spilled coffee to McDonald's serving temperature;

Or McDonald'sadmitted that they did not warn customers about the nature and extent of this risk and could not explain why they do not provide;

Or McDonald's witnesses testified that it will not turn down the heat – As one witness wrote: "No, there is no current plan, the process we are now using change in that direction;

Or McDonald's has admitted that its coffee is not fit for human consumption "when sold because it can cause burns if spilled or drunk;

O Liebeck'sdoctor testified that her injury burns burns one of the worst he had ever seen.

o The Shriner Burn Institute in Cincinnati had published warnings to the franchise food industry that its members would serve to unnecessarily severe burns scalding beverages to 130 degrees Fahrenheit.

By refusing to grant a new trial on the case, Judge Robert Scott called McDonald's behavior "callous." Moreover, "the day after the verdict that documents the mediathat coffee from McDonald's in Albuquerque [where Liebeck was burned] is now sold to 158 degrees. This will cause third-degree burns in about 60 seconds, instead you have 58 seconds [so] the margin of safety was raised as a direct consequence of this ruling. "

Wayne C Walker, President of Capital Transaction Group Inc. a leading provider of financial services disputes – captran.com.

This information is opinion and not legal advice.Readers should not act upon this information without seeking the advice of a competent attorney.
© 2003 CapTran

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The process of litigation

In the U.S., litigation is the conduct of litigation. Every process of testing process preceded the selection of the jury. The plaintiff and defendant will provide a remedy to the request / complaint to respond. In addition to the possibility of disputes there are alternative methods of dispute resolution including mediation, conciliation and negotiation in various ways.

Before the process begins when the jury by both parties must be selected.This is of members of the Advisory Committee have the background to the jury by questioning them know too. Both parties have the right of Member under the jurisdiction of a particular jury. The final acceptance or rejection of a member shall be decided by the court.

Must begin with the applicant to address the jury with an opening statement that the evidence of witnesses includes the introduction, etc. The burden of proof always rests with the plaintiff. While In this case, the jury has presented all the evidence, testimony, documents, etc. direct witness evidence, photographs of the applicant may be questioning the defendant. And 'the ability of the lawyer of the defendant to be able to challenge the accuracy of a witness. Once completed, the defendant has the opportunity to submit a dossier in the manner above, with the certificates, etc. After the defendant rests his case, followed by closing arguments and synthesis of both parts.

L '> Jury receives instructions on the law and the applicable rules and slip on their duty before reaching the verdict. While in the federal court's verdict must be unanimous, in the courts of the State, an increased ability to reach a verdict. The total number of judges is usually 12 or less. The post-study options available to the losing party include various activities, such as post-study

Request to reduce the damage

Motion against the jury's verdict

Appeal toState or U.S. Supreme Court

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Strange and Bizarre tax deductions

It was said Albert Einstein, physics was easier than trying to prepare his taxes. They feel comfortable in the same way. The tax code is full of quirks, and here are some that will make you roll your eyes.

The Internal Revenue Code is thousands of pages. Throw in the regulations interpreting the code, and you have a wall full of books confusion. To make things even scarier, we must assume that both know and understand the code. This should send chills yourback.

Over the years the code has been amended so many times that nobody knows everything. Various sections seem completely at odds with others. Some seem to say the exact opposite of others. While this is frustrating, is the bizarre little sections that you ask what's going to do in Congress. Here are some examples of strange things, you will find are.

1. If you have a child, you can usually get more credit. In our society broken, but the tax codea disaster when it comes to dealing with their divorce. The problem is basically that parent is entitled to what? There are all kinds of rules, but a foreigner has to do with … Kidnapping to do.

If the child is kidnapped, you receive the child tax credit and so on hold. As a tax issue, there are some strange rules. For example, the abduction can not be a member of the family! If your brother was dragged from her baby in Canada, you get no deduction. You can read IRS Publication 501 toUnderstand if you are insanely bored.

2 -. jury duty Jury Duty Not to beat, right? Sit for eight hours and pay five or ten dollars. Now the members, some businessmen benefit of society. You will pay normal wages while you do your civic duty. If they do, you can get a discount if you pay back your income from jury duty. Boy, I bet that your boss is happy as pie, if you give him or her that $ 5! On the other hand, a deduction is aDeduction.

3. Tax advantages of being blind – This is an old man. The government will give you a break if you are blind. Just check the box on line 39A. Eh? If you are blind! Obviously, the idea of someone else to do with the tax return, but it's quite funny at first sight.

The above represents only a small selection of the oddities found in the tax code. There are many such rules for the granting of other 1099s crews of fishing boats, but westop somewhere. At least now we know that you are not alone in wondering whether the tax system does not make sense forever. If you feel frustrated, comforted by the fact the former President Jimmy Carter said the U.S. tax law, a crime against humanity was!

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If a picture is worth a thousand words, an animation that is a solution!

Courtroom re-enactment though forensic animation can facilitate effective tool to convince a jury is to decide in a very in your client. The technology is to improve civil and criminal litigation, mediations, arbitrations and depositions in a snap. A study by the National Center for State Courts has determined that 82 percent of the experiments of 3D modeling as demonstrative evidence led them to victory.

How jurors perceive a witness, speaks directly to their opinioncharacter of the witness. A study by the ACTA Press stated: "A well designed animation can be viewed an interpretation panel of active participants in terms of aggressiveness, curiosity, jealousy, fear, the influence of provocation, relationships, roles and responsibilities and guilt and innocence. " The jurors will be emotionally connected the animation as motion, texture and lighting are presented in a sophisticated way.

How can animationused:

The development of computer forensic animation will show a build up where information and collaboration is needed to help raise questions with fire while the complete information. The visualization of 3D modeling in question and answer sessions with the question: "What has happened is that?" The animation is the situation more clearly to the jury. Computer animation helps juries understand in concrete terms, what else might be an abstract concept. ComputerForensics and 3D modeling has proven to be better than any other type of demonstrative evidence according to a United States District Court Judge.

"I have repeatedly stated that when a document is displayed on the monitor, the judges sit up and pay attention. Such attention is far greater than those based on a document or a situation that can not see them, as required by the lawyer be discussed and took note of the testimony. "

"Until the technology is useful in helping jurorsUnderstanding of the facts, and especially in speeding up the process, some courts will object. "

U.S. District Judge Carl Rubin

Examples:

Imagine for a moment a lawyer asking witness: "When the truck was traveling at 50 mph, and then press the side of the building at this point, what would happen to the truck?" Working with the right 3D animator, the incident may be taken again with the real physical strength, texture and speedused to obtain a better picture of the circumstances.

Demonstrating the intricate details of an accident, whether depicting a medical procedure or a legal mechanism of injury, there are practically no limits to what can appear to be related with the computer animation with the scientific and statistical data.

A vehicle in mph mph X vs Y
If a truck had run three yards before
If a vat of chemicals had been placedHere are vs
When the train operator had really seen or heard the signal
If the substance is harmless, in fact,

Recently, evidence of which the plaintiff shall pay an architect to design a bridge and abused. The defendant hired a graphic animation designer, who gave the project has created a sketch drawing and constructed the bridge with your computer. Then, with the help of an engineer, was the facilitator that the bridge was designedcorrect. In fact, he had an accident on a car collided with a support column that did not begin to authorities only after the suit had been reported. The animator then re-created the truck accident on the damage to the bridge and its consequences show.

Why You Should Forensic Animation:

3D computer animation and images will remain in the minds of viewers long after being surrounded offered as evidence. Accidents, models, science orthe scenes of the media, etc. new scale, through the use of computer animation, from expert or police reports. These animations are both visually presented to the jury. Statistics have shown people in general much more likely to retain visual information to auditory information, such as witness statements.

is a fundamental rule of persuasion or discussion, always show rather than tell someone what happened. Because the jury reviews your point of view, whileOn the other side tells their client view of the jury presentation is much more likely to identify and to believe that the visual, all things equal. As the old saying goes: A picture is worth a thousand words, and I would say that if a picture is worth a thousand words, an animation is worth a comparison!

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defendants in criminal court – posture classroom 2

There is an old proverb that says: "If you want to change your life you change it to" When a person with a crime, what to do or she is charged, have a good knowledge in their lives and their behavior to take. What are your innermost feelings of life and interact with others? If a person is a defendantin the criminal justice system, it is possible their lives, behaviors and beliefs must change radically. If so, then the only thing that can lead to this change, the person himself. Maybe it's time for a renewal. Maybe it's time to stop and start: stop the old behavior and start over. The people in this country must always start from scratch or turn on a new sheet of paper to write on the rest of their lives. The incredible miraculous ability is calledAmerican dream. To win at trial, you may need to be renewed.

Judge of the Criminal Division of the Court often are 150 cases on the headed paper of the morning. Some of these cases, receive the grace to help a second chance, the defendant again on the route. Some of these cases, given the anger of the Court for the terrible acts they committed without remorse. The most significant treatment medium. The goal is the case today, the special treatment and gets herPlease complete the Judge.

Dress for Success Dressing for Court

While observing many trials to see how the other test. You see the lawyers, the hair, a dark suit, white shirt, tie and polished shoes are kept. They rise when the judge directed. He speaks politely, firmly, clearly and with a refined language. This is actually the best model for you to follow if you want to be well received by the Court, which holds the power over your future. There is aTime and place for the casual look, but that simply is not acceptable in court!

DO:

Dress in conservative business clothes clean;
Get a fresh haircut Court;
Stand up and speak clearly and intelligently in response to questions from the judge;
Say "Yes, your honor" or "No, your honor,"
Be respectful – Be courteous – Be polite;
Be alert and ready to call for your case;
Definitely turn off the phone and other electronic devices;
Being your bestBehavior at all times … You do not know who looks at you;
Make notes about any questions or suggestions you have for your lawyer.

NOT:

Do not sleep in court!
Do not interrupt the proceedings to speak or laugh out loud!
Do not read a newspaper!
Do not make faces or gestures to the jury!
Not lumpy armchair!

Follow these tips to big dividends for the outcome of his case have been paid. This is your chance. It's not your attorney or appropriateCase their relatives or anyone who pays for your defense of the case. It 's your chance and you alone. Or was it to themselves every opportunity to win in order, otherwise you will lose and head to a place that you do not have to waste time on your choice. Grow Up, Stand Up and take the right decisions to win with a good posture to reach the court.

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defendants in criminal court – posture classroom 1

The consultation is a word not used today as it was in years past. Whenever we have a word that is not used often, it can react in two ways of seeing. We can make it unwise to ignore, or we can try to understand their importance to apply it in our lives for our best successes. If we look at the word in the dictionary, you see that the behavior is defined as "the external behavior, attitude, behavior;. And so," Why the courtroom demeanor of the outcome of my case they did?They are my most intimate thoughts and beliefs that makes me act or behave in a way that is hurtful to me? It's my way of doing things look and feel that other people treat me negatively? I really want to win my case? Let's talk about it.

At war with the police, prosecutors and the judge?

After years of defendants, before the interviews were serious allegations, it is a common thread that seems to work in these cases that the defendants often feel as if they were at war withthe police. out at some point in her life the model of the policeman as a friend of the policeman as an enemy. The role of the police has never really changed. stop the crimes and arrest suspects: In 1840, 1920 and 2010 the role of police is the same. What the defendant has the perception of the role of the police.

The defendant has behaved in a manner a lifestyle that was brought to the fore as a suspect of any crime and in the process of being investigated. Hewas in the wrong place with the wrong people at the wrong time.

Very often defendants in a lawsuit and feel that they are at war with the prosecutor. They are convinced that the state take the case against them personally. In this regard, the accused are general in nature and have the wrong perspective. Their thoughts were bad against the State itself in a sort of personal battle. While this is very real in the mind of the accused, does not make sense in real timeLife.

Defendants also that judges and courts have disagreed with them on a personal level. They "come to me." This most intimate feelings quietly most of the accused to give a wrong perspective on the investigation and the criminal justice system. increase without the advice of counsel, competent, agreed in general on the wrong path while trying to navigate through investigation.

The true role of the police, prosecutors and the Court

In fact, the police are under alegal obligation to arrest people, whenever probable cause for believing that they may have committed a crime. The police can not turn a blind eye. You can not go away and forget the incident. Under a legal obligation means that the police are not allowed to back down, but they need to arrest the suspect. You are required to get the suspect under control, taken to jail and booked for the crime that is uploaded.

The prosecutor has the task of proving beyond a reasonable doubt the case wasGuide to real or physical evidence and testimony. Crimes are divided into elements of the crime. Each element must be proved beyond a reasonable doubt. The prosecution focused on meeting the burden of proof of State.

The court is required to provide a forum for honest and fair hearing of the indictment do. The judge decides on the admissibility of evidence, while the jury decides credibility credibility and reliability of the evidence. the witness is trying to showwhat he had heard someone say? This is an argument that only the courts can decide. It was the witness is lying? This is an argument that judges should be directed to the jury, rather than.

The American Dream allows us to change our position

Once arrested, the accused is often the process of the court of embarrassment, frustration and anger to overcome. If left unchecked, these feelings fester, until they destroy this person. Instead of overcomingEmbarrassment, frustration and anger, the accused must understand what is really happening inside the classroom to be able to cope adequately with the process.

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