William A. Ruskin: Securitizing Litigation Claims for Fun and Profit

By William A. Ruskin Call me old fashioned, but I am uncomfortable with the growing industry involving third-party financing of commercial claims in litigation. In the not-too-distant future, it may well be that commercial litigations will be “bundled” and traded as securities on financial...

William A. Ruskin: When Should Data Underlying Scientific Studies Be Discoverable?

By William A. Ruskin There is significant tension between the goals of scientific research and the demands of litigation. For scientific researchers, the amount of time required to respond to discovery takes away valuable time that might be otherwise devoted to research. Injustice and unfairness may...

William A. Ruskin: Plaintiffs' Bar Embraces Reptile Strategy And Defense Bar Responds

By William A. Ruskin | Reptile strategy has taken the plaintiffs' bar by storm. The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors' brains, the part of the brain they share with reptiles. The Reptile strategy purports to provide...

William A. Ruskin: How You Draft A Liability Disclaimer Really Matters

By William A. Ruskin Contract negotiations involving limitations on liability and disclaimers of damages for breach of contract and tort claims can have significant ramifications for the contracting parties if the business relationship falls apart and litigation results. Under New York law, how the...

William A. Ruskin: How Environmental Lawyers Can Avoid Getting Sued For Legal Malpractice

By Wi lliam A. Ruskin No matter how conscientious, environmental lawyers, like other attorneys, are regularly sued for legal malpractice. It is not difficult to imagine some of the dicey situations where the environmental practitioner may fall prey to such claims: (1) a municipality sues...