Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Legal Rights When Moving - Interview of Larry Bodine on Better Kansas City KCTV 5
Larry Bodine's Interview on News 4 Jax (WJX4)
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Does Canada Need a New Uniform Arbitration Law?
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
Serving Legal Documents Through Social Media
Supreme Court Closes CAFA Loophole in Standard Fire v. Knowles
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Viewer's Guide to Gay Marriage Oral Arguments
Arbitration - An Alternative to Litigation for Dispute Resolution
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Street Legal Cars
Newsbreak: Surprising Results in Three Cases
Will The Debt Ceiling Standoff End Up In Court?
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Bill on Bankruptcy: Big Surprises For AMR, MF Global Creditors
Grassley: HSBC Should Face Criminal Charges
Bill on Bankruptcy: Patriot Coal Case Kicked From Manhattan To St. Louis
It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more
Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more
Originally published in The Recorder on March 22nd, 2013.
Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who...more
We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have...more
In This Issue:
- The Definition of “Supervisor” Under Title VII of the Civil Rights Act of 1964
- Who Owns Your Twitter Account?
- Excerpt from Who Owns Your Twitter Account?
Do you have a Twitter...more
California Code of Civil Procedure Section 877 (CCP 877) modified what is commonly referred to as the common law release rule. Prior to 1957, that rule held that the release of one tortfeasor given by a plaintiff had the...more
Over the past year, the National Labor Relations Board has issued a series of decisions that have significantly expanded the rights of non-supervisory employees, including non-unionized employees, to discuss information that...more
Under California law, the recovery of attorneys’ fees are authorized by statute in a variety of situations. Among these are contract disputes.
The “prevailing party” in a contract dispute is entitled to recover their...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
The federal courts continue to evaluate an employee's right to privacy and an employer's right to monitor employee communications and terminate employees based on those communications, whether under common law, statute or the...more
Free-to-play games are all the rage these days. Many people while away their days playing Angry Birds, or Words with Friends before going home to watch Monday Night Football. Nerds — and, increasingly, “normal people” — do...more
Do you ever have that feeling that the cell phone conspicuously pointed in your direction is actually taking your picture? Or, do you worry that a gossipy employee is spreading nasty rumors about you via text messages?...more
Companies can employ process management techniques to run more efficiently and reduce future legal costs. Among the many steps a company can take in this regard with respect to legal services are the following:
An issue we have discussed previously is whether all employee action that is “concerted” is also protected by the NLRA. We have seen that maliciously false statements made to third parties are unprotected. But what about when...more
Communications between spouses are typically accorded a “marital communications privilege” because they are “regarded as so essential to the preservation of the marriage relationship as to outweigh the disadvantages to the...more
Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee...more
Two recent employment discrimination cases, though differing in their outcomes, make it clear to litigants that information posted on social networking sites (“SNS”) is fair game.
A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.
In This Issue:
- Beyonce Still Can't Nix Video Game Suit, Appeals Court Says
- Video Game Co.'s Award Doubled To...more
Well, your company is certainly not intending for it to be a sexual holiday party. But, truth be told, it wouldn’t be the first story of an off-site end-of-the-year holiday shindig (with complimentary alcohol) that got a bit...more
In our January 2012 newsletter, we reported on Maremont v. Susan Fredman Design Group, Ltd., a case where a court recognized potential claims under the Lanham Act and/or the Stored Communications Act because an employer...more
Social media continues to be important in litigation, especially in cases where the plaintiff alleges damages for emotional distress or mental injury. Courts are increasingly allowing discovery of the plaintiff's social media...more
The intersection of technology and the rules of ethics continues to develop. The NC State Bar has proposed a new FEO (2012 Formal Ethics Opinion 5), which deals with the interesting question of the attorney-client privilege...more
Just because it’s that I-Can’t-Believe-There’s-One-Week-Left-In-August time of year, doesn’t mean there isn’t some fun and exciting law coming down the pike. An important decision was issued this month by the Second Circuit...more
In This Issue:
“You Have One New Lawsuit”: Can You Serve Legal Notice Through Social Media?; We’ve Come for Your Tweets: Twitter to Appeal Denial of Its Motion to Quash District Attorney’s Subpoena; The NLRB Weighs In...more
Trade secrets are aspects of your company that, if discovered/used by a competitor, could significantly impact your bottom line or your ability to compete in the marketplace. Recently, a federal court in Colorado held that...more
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