The Fourth Circuit dismissed an investor’s lawsuit against a hotel chain that had been subject to a data breach, ruling that the company had not made false or misleading public statements about its protection of customer...more
5/19/2022
/ Appeals ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Security ,
False Statements ,
Institutional Investors ,
Internal Controls ,
Marriott ,
Misleading Statements ,
Popular ,
Rule 10(b) ,
Securities Exchange Act ,
Securities Fraud ,
Shareholder Litigation
Fourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties.
A recent decision of the U.S. Court of Appeals for the Fourth Circuit addressed...more
A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed.
Originally...more
Be careful what you ask for. If that juicy prejudicial evidence seems just too good to pass up, you should consider the Fourth Circuit’s recent decision in 'Macsherry v. Sparrows Point.'
Trials are expensive and...more
The Fourth Circuit upholds severe sanctions against a party who fails to preserve evidence in litigation.
A recent decision of the U.S. Court of Appeals for the Fourth Circuit emphasizes the importance of preserving...more
Protestors across America have delivered a firm message in response to the deaths of black citizens at the hands of law enforcement: “This has to stop.” The U.S. Court of Appeals for the Fourth Circuit used the same words on...more
On April 21, 2020, the U.S. Supreme Court resolved a long-unsettled issue in trademark law, holding that Section 43(a) of the Lanham Act enables a trademark owner to recover the profits earned by an infringer without proving...more
5/6/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
A plaintiff bringing a lawsuit will often want to file close to home, for various strategic and logistical reasons. The appeal of filing at home has perhaps never been stronger, as COVID-19 casts uncertainty on travel plans...more
Federal courts are courts of limited jurisdiction. Marbury v. Madison (circa 1803) is perhaps the most famous example of this principle. But the limits of federal jurisdiction are regularly tested in our courts today. One...more
2/13/2020
/ Appeals ,
Defamation ,
Default ,
Discovery ,
Dismissals ,
Evidence ,
Federal Jurisdiction ,
Jurisdiction ,
Remand ,
Rooker-Feldman Doctrine ,
SC Supreme Court
A recent decision of the U.S. Court of Appeals for the Fourth Circuit (one among the 13 appeals courts of the U.S. federal court system) underscores the importance of the attorney-client privilege. In a case titled In re:...more
12/13/2019
/ Appeals ,
Attorney-Client Privilege ,
Confidential Communications ,
Crime-Fraud Exception ,
DEA ,
Forensic Examination ,
Irreparable Harm ,
IRS ,
Preliminary Injunctions ,
Search Warrant ,
Work-Product Doctrine
In an unpublished opinion, the Fourth Circuit considered the defendants’ appeal from the denial of their motion for summary judgment based on qualified immunity. Cooper v. Lippa No. 13-2055 (4th Cir. April 4, 2014). The Court...more