Are Legal Materials From the Internet Authentic? It Depends
One thing to consider when doing legal research on the Internet is the issue of authentication. It's one thing to find authority online. It's another to use it in court. Various courts have rules...
View ArticleWhen Affirmative Action Goes Wrong
In Humphries v. Pulaski County Special Sch. Dist., decided by the Eighth Circuit Court of Appeals on September 3, 2009, a white public school administrator was repeatedly denied promotion to assistant...
View ArticleD&O Issues: Lloyd's Not Liable for Defense Costs; Did Not Consent to Settlement
In Safeco Insurance Co. of America v. Certain Underwriters at Lloyd’s, London, Case No. BC378070 (Cal. Super. Ct. September 30, 2009), the Los Angeles County Superior Court granted summary judgment to...
View ArticleRed Flags Rule Deadline Quickly Approaching: The FTC Will Begin Enforcing the...
The Federal Trade Commission (FTC) is slated to begin enforcement of the Red Flags Rule on November 1, 2009. The Red Flags Rule (“Rule”), requires businesses and other organizations to implement...
View ArticleWeight Reduction Treatment Awarded to Allow Primary Medical Treatment for...
On August 6, 2009, the Indiana Court of Appeals issued a decision that has generated considerable interest in the business community. The Court upheld an Indiana Worker's Compensation Board (Board)...
View ArticleStates Embrace Electronic Discovery
If you were under the misguided impression that attorneys and their litigant clients only need to deal expressly with electronic discovery in federal court, you need to wake up and smell the...
View ArticleSupreme Court to Review Employee Privacy in Text Messages
Many organizations believe they have the right to monitor employees' activities on their computers and the Internet, including the sites they visit and the content of e-mails they send or receive. Such...
View ArticleNew Penalty for Failing to Report Payments to Medicare Beneficiaries
Beginning January 1, 2010, a failure to comply with a new requirement for reporting to Medicare payments to Medicare-eligible individuals for resolution of claims involving medical expenses could cost...
View ArticleSeventh Circuit: CAFA Jurisdiction Remains After Class Certification Is Denied
On Friday, January 22, 2010, the U.S. Court of Appeals for the Seventh Circuit held that a federal court does not lose Class Action Fairness Act (CAFA) jurisdiction over an action when class...
View ArticleUnreported Claims Against Former Lawyers Could Expose Your Firm to Liability
In Berry & Murphy, P.C. v. Carolina Casualty Insurance Company, 586 F.3d 803 (10th Cir. 2009), a recent malpractice insurance coverage decision, the Tenth Circuit held that there was no coverage...
View ArticleDecision Underlines Counsel's Obligation to Understand e-Discovery Rules and...
RICHMOND, Va. (2/1/10) – An opinion issued by Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York in January appears to mark an important milestone in the...
View ArticleNew Federal Court Ruling Reinforces Need for Proper Framework for Litigation...
Earlier this month, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York, and author of the landmark Zubulake decisions regarding electronic discovery, issued an...
View ArticleSupreme Court to Decide Important "Informational Privacy" Case
The United States Supreme Court has stepped into the fray in a closely watched case involving the collection of personal information by the National Aeronautics and Space Administration (NASA) from...
View ArticleAppellate Judge Excludes Damages Theory from Patent Trial
As is known among many in the intellectual property field, Judge Randall R. Rader, of the U.S. Court of Appeals for the Federal Circuit, periodically takes a break from his appellate duties to preside...
View ArticleDo You Have an ESI Strategy Yet? Companies and In-House Counsel Sanctioned...
Although it has been more than three years since the Federal Rules of Civil Procedure were amended to codify parties' obligations to preserve and produce potentially relevant electronically stored...
View ArticleSupreme Court Rules Against Inference of Class Arbitration in "Silent" Contracts
April 27, 2010, with Justice Samuel Alito writing for the 5-3 majority (Justice Sonia Sotomayor abstained), the U.S. Supreme Court addressed class-action arbitration when the parties' agreement was...
View ArticleAvoiding Sanctions Over Duty to Preserve Evidence
In late 2009 a federal District Court sitting in Orlando, Fla., sent shockwaves through the in-house general counsel world. The case, Swofford v. Eslinger,1 is the first reported case to sanction...
View ArticlePatent False-Marking Lawsuits: Could Your Company Be Next?
If you own U.S. patents and mark your products as patented or patent pending, you could find yourself defending a federal lawsuit. A recent Federal Circuit Court of Appeals decision has opened the...
View ArticleMajor Title Insurance Companies Decline to Issue Creditors' Rights Endorsements
Many major national title insurance companies have just announced they will no longer provide "creditors' rights" coverage in connection with new policies of title insurance. Therefore, commercial real...
View ArticleFederal Courts Conflicted on Climate Change Litigation
Three recent federal court decisions sharply divide on whether large carbon emitters may be sued under common law theories of nuisance and negligence.Connecticut v. American Electric Power...
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