I want to consult an expert about whether an experienced police officer can smell pot smoke in the circumstances Fluke described, but I am afraid the answer will be yes, and if it is, I don't want the defendants to be able to find out who he was or what he told me. I would like to have Fluke tested to determine whether he really can recognize the odor of pot, especially when it is mixed with other party odors such as perfume, alcohol, and tobacco smoke. There must be a scientist or doctor somewhere who would know how to conduct such a test. I have hired a private detective to check out Fluke and Jones and I expect her to come up with some dirt we can use to impeach their testimony. Your memo should spell out the basic procedural steps necessary to achieve the senior partner's objectives and flag any problems that can be expected to arise.
Senior partner expects one or two paragraph answers.
Assume everyone from whom discovery may be sought will resist to the extent legally possible. Therefore, if the defendant proves that the plaintiff copied its design from someone else, the plaintiff's unfair competition claim fails, even if the defendant copied the plaintiff's design. The sweatshirts come in a variety of colors but all have a small yellow label sewn into the seam of the left cuff. The sweatshirts are sold nationwide. Yuppie's best seller is a sweatshirt imprinted with a black and white portrait of George Washington.