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FCPA Compliance and Ethics Report-Episode 45, Interview with Justice Ken Wise
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On September 5, 2014, the Fifth District Court of Appeal issued its en banc decision in Boozer v. Stalley, 146 So. 3d 139 (Fla. 5th DCA 2014), holding that in a third-party bad faith action, the attorney-client privilege...more
Motions to dismiss have been called “the main event” in securities class actions. They are filed in over 90% of securities class actions and they result in dismissal close to 50% of the time they are filed. In contrast, out...more
E-Mails Continue to Be the Modern "Smoking Gun" -
The recent financial-collapse and bankruptcy of former mega-law firm Dewey & LeBoeuf has captivated the attention of the legal industry, but are there lessons to be...more
Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more
From the preliminary statement:
"For all its bluster, Rosetta’s opposition to Campmor’s motion in limine falls unsurprisingly short on substance – and never comes close to demonstrating why the jury in this complex...more
This brief opposed a motion by defendant to essentially, we argued, relitigate key issues in the case. The court agreed with the vast majority of our opposition, as demonstrated by the order entered on this motion and linked...more
Memorandum of law in opposition to defendant's ultimately unsuccessful motion to limit key evidence of lost profits and other damages in amounts beyond the stated contract limitations. We demonstrated that under Ohio law,...more
Brief in opposition to several motions in limine brought by defendant in this action. ...more
New E-Discovery Guidelines related to the discovery of electronically stored information (“ESI”) have been approved by the U.S. District Court for the Northern District of California. Find the Guidelines and related documents...more
From the preliminary statement:
"Plaintiff Campmor, Inc. (“Campmor”) submits this memorandum of law in support of its motion for an order, pursuant to Federal Rules of Evidence 401, 402 and 403, excluding from trial all...more
Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits.
Courts don’t like fishing expeditions and will use state and federal laws to deny...more
Part Four in a multi-part series on the topic.
Searching for evidence in the form of email, text messages and instant messaging is increasingly important in lawsuits. However, requests for this type of evidence during the...more
California’s Electronic Discovery Act was signed into law on June 29, 2009, establishing procedures for parties to discover electronically stored information (“ESI”) from opposing parties for use as evidence in state court...more
Reconsider how you select a jury by considering these tips and statistics on how your potential jurors use the internet....more
Where U.S. litigation discovery obligations were argued to be in conflict with foreign civil and criminal privacy statutes, many recent opinions found that discovery should proceed under the Federal Rules over the protest of...more
This list can be used as your quick reference to the most common Discovery Objections. The list is laid out topically and numerically. ...more
Class Action Against Whole Foods for "Case Discount" Problems Certified by the Northern District of Ohio...more
Lenders commonly require principals of a company to personally guarantee a real estate loan. While the business may be protected by California’s antidefiency statute, guarantors are not. Lenders also carefully draft...more
Oracle and SAP are at war. They have exchanged bayonet charges in discovery for two years in a case where Oracle has accused SAP (TomorrowNow) of “systematic and pervasive illegal downloading of Oracle software over...more
Magistrate Judge Facciola’s “Christmas Eve” opinion now has a sequel: Covad Communs. Co. v. Revonet, Inc., 2009 U.S. Dist. LEXIS 47841 (D.D.C. May 27, 2009). This opinion is very detailed covering issues of forensic...more
May 13th is the anniversary of Pennoyer v. Neff, 95 U.S. 714 (1878), one of the great personal jurisdiction cases, followed by International Shoe Co. v. Washington, 326 U.S. 310 (1945), Asahi Metal Industry Co. v. Superior...more
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