Business Litigation

News & Analysis as of

Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated

The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve...more

To Litigate or not to Litigate: Practical Considerations for Every Business

It should come as no surprise that business is booming in Silicon Valley, although with the growing number of businesses comes increased potential for conflict and litigation. Know that litigation is serious business. ...more

Takeover Litigation Sharply Declines in Last Quarter of 2015

Matthew D. Cain, of the SEC, and Professor Steven Davidoff Solomon of the University of California, Berkeley – School of Law, published a report analyzing preliminary statistics for takeover litigation in 2015. According to...more

New Jersey’s Complex Business Litigation Program Completes Its First Year

New Jersey’s Complex Business Litigation Program just completed what by all accounts was a busy and successful initial year of operation. Following the national trend of establishing specialized business courts, New Jersey on...more

Fraudulent Conveyance Litigation Expenses are Not Deductible

Expenses of business litigation, and litigation involving the production or collection of income or of property held for the production of income, are typically deductible under Code Sections 162 or 212. It is often...more

The Delaware Supreme Court Upholds $76 Million Judgment Against RBC for Rural/Metro Sale

Investment bankers seeking to profit as both adviser to the seller and financier to the buyer in corporate sales processes have faced increased scrutiny by Delaware courts over the last few years. In a highly-publicized 2011...more

"But we have a solid legal case, right?"

Business people with legal disputes often expect that when their legal position is very strong, litigating it to victory should be relatively quick and painless. That’s often not the case, however, as illustrated by a recent...more

Arbitration Clauses Under Attack – Do They Harm Consumers?

Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more

Written Objections to Summary Judgment Evidence are Preserved for Appeal

On August 10, 2015, Governor Brown signed SB 470, codifying the holding in Reid v. Google, Inc. (2010) 50 Cal.4th 512, that evidentiary objections on motions for summary judgment are preserved on appeal whether or not the...more

Inside The New Complex Business Litigation Program For The New Jersey Superior Court

After years and years of discussion and debate, the New Jersey Supreme Court, by Order of Chief Justice Rabner, has implemented a state-wide Complex Business Litigation Program (the “Program”) designed to address the...more

Finally, We’re Back to “Put Up, or Shut Up”

My clients who have defended against meritless claims over the last few years know why this is important. The Tennessee Supreme Court has finally restored the traditional summary judgment standard making it easier for these...more

Can I Get My Legal Fees Back for Having to Defend This Case?

One of the most common questions I get from my clients is whether they can recover their legal expenses for having to defend a meritless case. The short answer is that in most cases, no. That may seem unfair, especially...more

Important Changes in Litigating Oil and Gas Cases in Federal Court: What the 2015 Amendments to the Federal Rules Mean for Oil and...

Many oil and gas disputes are litigated in federal court. In recent years, federal litigation has undergone significant changes in discovery practices and rules. For example, with the increase in electronically stored...more

Ballplayers Don’t Fear the Clock; Should a Plaintiff?

Quiz: How is baseball not like litigation? Plaintiffs who fail to pay attention to the clock that is the statute of limitations end up as just more detritus littering courtrooms everywhere. See Ranchero Esperanza. Ltd. v....more

No Privacy in Pocket-Dialing

Most of us are aware of the increased risk of identity theft caused by the exponential growth of digital communications. But have we stopped to consider how the ease of communication we have today has significantly decreased...more

À-la-carte litigation – new options on the menu. Short and Flexible Trials pilot schemes, and the dedicated Financial List

The English High Court recently announced a set of initiatives for the improved management of certain cases in the courts dealing primarily with business disputes: the Chancery Division (incorporating the Companies Court and...more

Litigating With - And At - The SEC

Last year, the Enforcement Division of the SEC announced its intention to bring more enforcement actions in its own administrative forum rather than in federal court. The authors describe these administrative proceedings...more

Business Dispute Navigation

“Business dispute navigation” — what is it? “WINNING” Many American lawyers — inside and outside counsel alike — tend to divide the world into those who “litigate” and those who don’t. The term “litigation”...more

Zillow Case Shows Danger of Unprotected Trade Secrets During Business Negotiations

As I mentioned in a prior post on real estate investment vehicles’ use of intellectual property, the real estate industry is not immune from legal disputes arising from that “other” type of property: intellectual property –...more

Attorney-Client Privilege Might Die With Your Company

If you have ever been involved in litigation relating to a defunct company, then you know that problems such as who will serve as the Rule 30(b)(6) representative and who will verify the answers to interrogatories or provide...more

Paths to Dispute Resolution [Video]

In order to understand the best approach to solving a business dispute, counsel must understand the client's business objectives. A need to win at all costs will drive one particular strategy, while a need to resolve the...more

Supreme Court Confirms Limited Scope Of The Fair Dealing Covenant

This is another decision that confirms that the implied covenant that the parties will act in good faith and deal fairly with one another is not available to expand the parties’ contract rights. ...more

New NC Business Court tweak in the works

A new Senate Bill making a further update to defining a mandatory complex business case for referral to the Business Court was filed and has begun to move. Senate Bill 435 sponsored by Bob Rucho and Tamara Barringer who you...more

Minimizing the Litigation Risk with Mediation

Litigation is defined in numerous dictionaries in various ways. One definition is “The legal process of spending a lot of time, effort and money in court proceedings which may or may not resolve a dispute between two or more...more

Using the Economic Loss Rule to Your Client's Benefit

All lawyers can benefit from having a toolbox of general legal knowledge with which to frame a case to their client's advantage. For business attorneys the economic loss rule is a particularly useful tool. At its...more

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