Civil Procedure › Business Torts › Science, Computers & Technology

Campmor, Inc. v. Brulant, LLC

Opinion Denying Daubert Motion in Limine to Exclude SEO Expert at Trial

Defendant Brulant moves in limine to preclude the testimony of Brian Cooper, Plaintiff Campmor’s expert witness on search engine optimization (“SEO”). The Court held a Daubert hearing on April 10, 2013. The motion is denied....more

Dechert Survey of Securities Fraud Class Actions Brought Against U.S. Life Sciences Companies

Publicly Traded Life Sciences Companies in the United States Remain an Increasingly Popular Target of Securities Fraud Class Action Lawsuits: The past year was particularly noteworthy with respect to the absolute and...more

Life Sciences Companies Should Protect Themselves Against Increased Exposure to Costly Securities Fraud Lawsuits After Supreme...

What you need to know: The Supreme Court recently found that defendants in class action securities fraud lawsuits will not be able to challenge the materiality of allegedly fraudulent misstatements or omissions at the...more

Campmor, Inc. v. Brulant, LLC

Memorandum of Law in Opposition to Second Daubert Motion to Exclude Testimony of SEO Expert

From the Preliminary Statement: "Nearly two years ago, Brulant, LLC (“Rosetta”) sought to preclude the testimony of Brian Cooper (Campmor’s SEO expert) through a motion in limine. As the Court recalls, the relief sought by...more

Lessons From In Re Rigel Pharmaceuticals

Originally published in Law360, New York (September 19, 2012, 10:56 AM ET) In In re Rigel Pharmaceuticals Inc. Securities Litigation (9th Cir. Sept. 6, 2012), the United States Court of Appeals for the Ninth Circuit...more

Manhattan Federal Judge Denies UBS’s Motion to Dismiss FHFA Suit

On May 4, the Honorable Denise Cote of the Southern District of New York denied UBS Americas Inc.’s (“UBS”) motion to dismiss the Federal Housing Finance Agency’s (“FHFA”) complaint against it for violations of the Securities...more

Service Provider's Intent in Removing Positive Reviews Irrelevant in Assessing Availability of CDA Section 230 Protection

A lawsuit against consumer review site Yelp! has yielded an opinion that demonstrates the breadth of the protection afforded interactive service providers under Section 230 of the Communications Decency Act. In Levitt v....more

Campmor, Inc. v. Brulant, LLC

Brief in opposition to defendant's motion for summary judgment

Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, (now known as Rosetta) brought suit based on breach of contract, breach of warranty,...more

Campmor, Inc. v. Brulant, LLC

Certification of Brian Cooper in opposition to motion in limine to exclude his testimony as an SEO expert

Is there really such a thing as "credentials" for purposes of testifying as an expert on search engine optimization (SEO)? Of course not. Campmor, Inc., a successful online retailer of camping and outdoor equipment...more

Campmor, Inc. v. Brulant, LLC

Brief in opposition to defendant's motion in limine to exclude SEO expert witness of plaintiff

Is there really such a thing as "credentials" for purposes of testifying as an expert on search engine optimization (SEO)? Of course not. Campmor, Inc., a successful online retailer of camping and outdoor equipment...more

Use of Visuals and Digital Presentations At Trial – Pricing Out Small Firm/Solo Litigators?

Juries in this media age expect to see visuals and digital presentations at trial. Is this expectation giving big firms with significant litigation budgets an advantage at trial? Is it pricing small firms and solo litigators...more

Enhanced Pleading Requirments Apply in Patent Marking Cases

Allegations that a party falsely marked unpatented articles with a U.S. patent number must include facts from which a court may reasonably infer that the party acted with intent to deceive the public. So held the Court of...more

Decision Insights: Publicly Available Ingredients Do Not Invalidate Source Code’s Trade Secret Status

The recent decision in Decision Insights, Inc. v. Sentia Group, Inc., No. 09-2300 (4th Cir., Jan. 28, 2011), features two reversals of district court decisions involving a bedrock trade secrets principle: just because a...more

Defamed on the internet by an out-of-state resident

Ohio courts have personal jurisdiction over out-of-state residents for defamatory statements made on the internet....more

Merck v. Gnosis

Summary Judgment Reply - When Defendant's Advertising is More Aligned with the International Standard than Plaintiff's, that is...

This is a Response to a sur reply in a Lanham Act false advertising case in SDNY. Plaintiff, Merck Eprova, claimed that my client, Gnosis, S.p.A., caused an independent GRAS panel of experts to change the nomenclature in...more

University Communications Inc. v. Net Access Corp

Order on Judgment

Our clients, the plaintiffs, had achieved virtually all of their litigation goals by virtue of a preliminary injunction granted after a temporary restraining order early in the litigation (via predecessor counsel). We...more

University Communications Inc. v. Net Access Corp

Plaintiffs’ / counterclaim defendants’ pretrial order submission

Procedurally and factually complex case involving the separation of our client's web server business from the data center that originally hosted it. This pretrial order was submitted by order of the Law Division, Superior...more

University Communications Inc. v. Net Access Corp

Brief (letter) and certification in opposition to motion to amend

You really have to read this to believe it. Skip to the certification if you want....more

Defamation on Facebook - protecting your professional reputation

In this article, Michael Axe looks at the first English High Court case to address the use of "fake profiles" on Facebook, as well as other recent developments in relation to defamation on the internet. In the case of...more

S & L, Inc. v. Australian Gold, Inc.

Letter brief in opposition to defendant's application to amend the pretrial order

Opposition to defendant's "application" (motion) to amend the pretrial order by inclusion of post-discovery "newly discovered" evidence....more

Bank Julius Baer & Co. Ltd, & Julius Baer Bank & Trust Co, LTD v Wikileaks; Wikileaks.org; and Does 1-10

Minute Order Tentatively Denying the Motion for Preliminary Injunction & Dissolving the Injunction by Dynadot

On 2-6-08, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks," a website designed to give whistleblowers a forum for posting materials of public concern, for hosting 14 allegedly leaked documents...more

Bank Julius Baer & Co. LTD & Julius Baer Bank & Trust Co. LTD v. WikiLeaks, et al

Order Denying Motion For Preliminary Injunction; Dissolving Permanent Injunction; And Setting Briefing & Hearing Schedule

A federal district court judge in San Francisco today rescinded a controversial order that disabled the "wikileaks.org" domain name which had -- until two weeks ago -- pointed to Wikileaks, a website designed to give...more

Bank Julius Baer & Co. Ltd, & Julius Baer Bank & Trust Co, LTD v Wikileaks; Wikileaks.org; and Does 1-10

Plaintiffs' Brief in Opposition to Multiple Applications & Motions by Proposed Amici and/or Requests to Intervene

On 2-6-08, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks," a website designed to give whistleblowers a forum for posting materials of public concern, for hosting 14 allegedly leaked documents...more

Bank Julius Baer & Co. Ltd, & Julius Baer Bank & Trust Co, LTD v Wikileaks; Wikileaks.org; and Does 1-10

Daniel Mathews' Memorandum of Points & Authorities in Opposition to the Temporary Restraining Order, Proposed Preliminary...

On 2-6-08, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks," a website designed to give whistleblowers a forum for posting materials of public concern, for hosting 14 allegedly leaked documents...more

Bank Julius Baer & Co. Ltd, & Julius Baer Bank & Trust Co, LTD v Wikileaks; Wikileaks.org; and Does 1-10

Plaintiffs' Supplemental Brief in Support of Application for Preliminary Injunction re: Response to the Reporters Committee et...

On 2-6-08, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks," a website designed to give whistleblowers a forum for posting materials of public concern, for hosting 14 allegedly leaked documents...more