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Dechert LLP

Data Subject Access Requests in the UK: The Extent of the Obligation

This DechertOnPoint reports on a recent County Court decision on UK data subject access requests which suggests that an employer’s (or other data controller’s) search for personal data need only be proportionate and that a SAR…more

| Administrative Law, Civil Procedure, Labor & Employment Law

Rome's Burning: What Am I Missing?

So after another bad news week in Europe, I’m a bit gloomy about the future of the capital markets. As we try to run a business and help our clients, I’ve got this narrative running through my head about Europe. I keep running…more

| Finance & Banking, International Law & Trade

Redundancy: Guidance for Employers on Following a Fair Procedure

Continuing economic uncertainty presents employers with challenging employment decisions and on occasion the need to conduct redundancy exercises. A number of cases over the last couple of years have provided clarification in…more

| Administrative Law, Civil Rights, Labor & Employment Law

REO to Rental: Treating the Symptoms and Not the Disease

Earlier this month I was a panelist at the HOPE NOW REO Symposium in DC. The Symposium brought together residential mortgage loan servicers, community non-profits, private equity investors, government agencies and lenders to…more

| Administrative Law, Finance & Banking, Real Estate - Residential

Russian Legal Update - May 2012

In This Issue: - p1 Russia Finally Establishes a Central Securities Depository Increasing Transparency in the Russian Securities Market - p3 Enforcement Procedure for Pledged Property Modified - p4 Investment…more

| Alternative Dispute Resolution (ADR), Business Organizations, Finance &...

Another Homework Failure By Plaintiffs

Yesterday, we blogged about a case where plaintiff failed to do even the most basic investigation to identify the product at issue before filing suit. She was hoping her case would survive with some vague pleadings in the…more

| Civil Procedure, Products Liability

Product Identification Problems at the Pleading Stage

As another work-week starts, we thought we’d talk about beginnings – in particular, beginnings to adversarial contests. They almost always begin after the adversaries and the stakes have been identified. In the NHL, for…more

| Civil Procedure, Products Liability

The Pain Pump Litigation Pumps Out another Good Decision

To us, sometimes plaintiffs’ lawyers sound like Cary Grant. You know, “Duty, Duty, Duty.” (By the way, “Judy, Judy, Judy” is a famous misquote. Cary Grant never once said it in a movie. But he did say it here – at the 0:50…more

| Civil Procedure, Products Liability

Oh, Canada!

We’ve blogged before, occasionally, about drug/device developments north of the border. Most of these developments have involved class action practice, where Canadian law is considerably more liberal than the corresponding…more

| Civil Procedure, International Law & Trade, Products Liability

NJ in Mainstream on Generic Preemption

We can't say much about it because of Dechert's involvement in the Reglan/metoclopramide litigation, but Judge Higbee has ruled on on generic preemption under Mensing. There are two opinions. The first, In re Reglan…more

| Civil Procedure, Conflict of Laws, Products Liability

MDL Transfer May Precede Resolution Of Jurisdiction

Plaintiffs try all sorts of funny business to defeat federal jurisdiction – fraudulent joinder, fraudulent misjoinder, jurisdictional amount – you name it, they’ll tinker with it. Defendants for their part, do what they can to…more

| Civil Procedure, Products Liability

A Double Dose of Preemption

In medical device cases, preemption will hunt you down. In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived removal and discovery only to be caught by…more

| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Personal...

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