Butler Snow LLP

1020 Highland Colony Parkway, Ste. 1400 P.O. Box 6010
Ridgeland, Mississippi 39158, United States

  • (601) 985-5711
  • (601) 985-4500

Sixth Circuit Analyzes Standards for Sanctions for Failing to Preserve Evidence

In Automated Solutions Corp. v. Paragon Data Systems, 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014), the United States Court of Appeals for the Sixth Circuit provided a close examination of the standards required for the…more
| Civil Procedure, Electronic Discovery

Every Good Lawyer Should Quit Working on Cases – Problem Solving versus “Working” for the Client

Years ago, when I was just starting in the practice of law, I was having lunch with a similarly junior colleague, and we were discussing the types of cases we were working on. As he ticked off his list of cases and told me how…more
| Law Practice Products & Services

The Fifth Circuit holds it lacks subject matter jurisdiction to hear petitions for review of Clean Air Act notices of violation

“Final actions” of the EPA under the Clean Air Act are subject to direct review by a United States Court of Appeals. 42 U.S.C. § 7607(b)(1). In a decision issued on July 3, 2014, in Luminant Generation Company, LLC v. United…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

Arbitration Awards—No Longer The Final Word?

Courts currently have very narrow grounds on which they can overturn an arbitration award. The Federal Arbitration Act provides that a court cannot vacate an arbitration award except in cases where: the award was procured…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws

Inadvertence May Be Unavailing, Says the Fifth Circuit on Judicial Estoppel

The Fifth Circuit became the second United States Court of Appeals to establish a three prong test for determining whether a bankrupt debtor should be judicially estopped from pursuing a cause of action that she failed to…more
| Bankruptcy, Civil Procedure, Civil Remedies, Finance & Banking, Personal Injury

Is There A Right To Be Forgotten? The Court of Justice of the European Union Says “Yes”.

Since Google, a web search engine provider, became a multi-billion dollar company, it has steadfastly refused to remove internet search results on a discretionary basis. In fact, Google support expressly provides that “[t]here…more
| Civil Procedure, Constitutional Law, Privacy, International Law & Trade, Science, Computers, & Technology

Arbitration is not just for those who have agreed…

We all know that public policy, legislation and the courts favor enforcement of agreements to resolve disputes by arbitration rather than litigation. The Federal Arbitration Act, and the states’ laws providing for enforcement…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Business Torts, Science, Computers, & Technology

Defeating “Libel Tourism” under Mississippi law and the SPEECH Act

In Trout Point Lodge, Ltd. v. Handshoe, 729 F.3d 481 (5th Cir. 2013), the Fifth Circuit became the first appellate court in the country to interpret the Securing the Protection of Our Enduring and Established Constitutional…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, International Law & Trade

Are you Certifiable?

It is not unusual for opposing counsel to demand that you “certify” that your client’s document production is complete and correct. What does this mean? Are you required to do it? The issue often arises in consolidated…more
| Civil Procedure, Electronic Discovery, Products Liability

California May Soon Be Calling You

Recently California amended its privacy laws requiring website privacy notices for businesses outside California’s borders. If your business operates a commercial website that collects consumers’ personally identifiable…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Unforced Errors Under Upjohn

Over thirty years ago, the Supreme Court clarified how the attorney-client privilege applies to records of internal investigations in Upjohn v. United States, 449 U.S. 383 (1981). Yet putting the principles of Upjohn into…more
| Civil Procedure, Commercial Law & Contracts

Sixth Circuit: No Arbitration of Pending Claims

In a reversal from a streak of previous decisions in favor of arbitration, the Sixth Circuit in Russell v. Citigroup, Inc., No. 13-5994, — F.3d — (6th Cir. 2014), recently declined to hold that an agreement to arbitrate “all…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

The Alabama Supreme Court Changes Its Mind on Coverage Under CGL Policy

Last September the Alabama Supreme Court issued an opinion addressing the applicability of the “own work” exclusion to claims against a contractor for defective construction. However, on March 28, 2014, the Alabama Supreme…more
| Civil Remedies, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

Similarities in Diversity between a Law Firm’s Culture and a Clinical Trial [Video]

“We need a population of employees as diverse as the patient populations we seek to serve…our vendors should be lined up with the same beliefs and the same focus as we are.” – Marla Persky, GC and Corporate Secretary Boehringer…more
| Law Practice Products & Services

ESI Discovery Best Practices, Part 3: You’ve identified ESI, now how do you go about collecting it?

My last blog generally addressed the rules applicable to best practices as to identification of Electronically Stored Information (ESI). Once the data identification process is complete, the next step is to determine collection…more
| Civil Procedure, Electronic Discovery, Science, Computers, & Technology
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Areas of Practice
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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