Carmen Lo

Carmen Lo

White & Case LLP

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Amendments to ESI Spoliation Sanctions Seek to Create Uniformity in Federal Courts

Federal Rule of Civil Procedure 37(e) sets forth the requirements for the retention of electronically stored information ("ESI") and the corresponding sanctions available to remedy the loss of ESI. New amendments to Rule...more

2/8/2016 - Amended Regulation Discovery Costs Duty to Preserve Electronically Stored Information FRCP 37(e) Sanctions Spoliation

Second Circuit Adopts Plaintiff-Friendly "Discovery Rule" for Copyright Infringement Claims

The Second Circuit has ruled in Psihoyos v. Wiley & Sons that the "discovery rule" determines when the statute of limitations begins to run in copyright infringement claims.[1] In doing so, the court adopted a rule that may...more

5/23/2014 - Copyright Copyright Infringement Discovery Rule

US Supreme Court to Review Indefiniteness Standard under Section 112 of the Patent Act

On January 10, 2014, the Supreme Court agreed to review the Federal Circuit's standard for determining whether a patent claim is indefinite in Nautilus, Inc. v. Biosig Instruments, Inc. (S. Ct. No. 2013-0369), a case that...more

2/12/2014 - Claim Construction Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Litigation Patents SCOTUS

Supreme Court Interprets Copyright "First Sale" Doctrine

Introduction - On March 19, 2013, in a 6-3 decision, the Supreme Court issued its opinion in Kirtsaeng v. John Wiley & Sons, Inc., holding that the copyright "first sale" doctrine applies to copies of works manufactured...more

4/16/2013 - Copyright Copyright Infringement First Sale Doctrine Kirtsaeng v. John Wiley & Sons SCOTUS

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