Defense Strategies

News & Analysis as of

The Supreme Court’s Recent Confirmation that Yearsley Derivative Sovereign Immunity Extends Beyond Public Works Projects

On January 20, 2016, the Supreme Court clarified the scope of “Yearsley immunity” – a form of derivative sovereign immunity available to qualifying government contractors – in its decision in Campbell-Ewald Co. v. Gomez....more

Can Plaintiffs Seek an Adverse Inference from Defendant Corporations' Privilege Assertions?

The attorney-client privilege benefits society by encouraging clients' frank disclosure to their lawyers, but it undeniably conceals highly relevant communications. Surprisingly, only a few courts have addressed plaintiffs'...more

Strategies for Defending ADA Accessibility “Tester” Lawsuits

In the last 15 months, over 200 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona retailers, restaurants, and hospitality entities. These "tester" cases assert...more

Understanding the Risk and Defending Against Food-Borne Illness Class Action Litigation

Companies in the food and beverage industry are routinely confronted with false advertising claims making incredulous allegations. Recently, consumers claimed to be misled because “Froot Loops” has no real fruit and there are...more

The DBA's Exclusive Workers Compensation Scheme for Overseas Government Contractor Personnel

Understanding the preemptive role of the Defense Base Act (‘‘DBA’’) is crucial for any federal government contractor performing overseas work for the US military or federal departments or agencies. The DBA creates an...more

Insurance Insight - Florida: Claimant’s bad-faith claim doomed by insured’s failure to cooperate during settlement negotiations

A federal District Court applying Florida law recently ratified an insurer’s diligent responses to a claimant’s cat-and-mouse attempt to manufacture a bad-faith set-up claim. The ruling is interesting because it addresses two...more

Louis Vuitton’s Other Lawsuit Was a Winner, but Loses to a Parody Defense – Again.

Louis Vuitton is no stranger to trademark disputes. As a a manufacturer of handbags, wallets, and other luxury goods, the company has its hands full just addressing counterfeit products. However, like any other company, there...more

Managing PAGA Claims: A Recent Decision Points the Way to Defeat Representative Actions

A recent federal court decision illustrates how defendants may be able to defeat PAGA claims in California. Brown v. American Airlines, Inc., No. CV 10-8431-AG (PJWx), 2015 WL 6735217 (C.D. Cal. Oct. 5, 2015) is the latest...more

65% Describe CA Legal System as Burdensome

A new Archer Norris white paper, “The Reverse California Gold Rush,” explores the results of a recent survey of in-house counsel. The survey, conducted by ALM Marketing Services, polled more than 100 corporate counsel whose...more

Recent Decision Clarifies Availability of Defences at the Leave Stage in Statutory Securities Class Actions

The Ontario Superior Court of Justice’s (Court) recent decision in Rahimi v. SouthGobi Resources (Rahimi) confirms that courts will consider and evaluate defences at the leave stage of a statutory secondary market disclosure...more

A Step by Step Guide To Maximizing The Use of Social Media In Defending Product Liability Claims

As most people are aware, social media has become pervasive in the daily lives of the vast majority of Americans. Social media provides us with an instantaneous way to share our thoughts and experiences with others. ...more

“Copy-Cat” Defense Prevails – Twice

Employers may be sued for discrimination more than once, but usually later lawsuits are based on different events. A Texas employer recently persuaded a jury that new claims against it were fabricated by employees who knew...more

Five Mistakes to Avoid When Facing a Legal Malpractice Claim - Whoops—Legal Malpractice Prevention

Legal malpractice claims are bad enough. Unfortunately, many attorneys respond in a way that makes them worse, transforming legal malpractice claims into litigation nightmares. A straightforward claim that might have been...more

There’s More Enforcement Overlap Between Federal OSHA and State Plans Than You Think

One of the fascinating things about an OSHA citation defense practice is the distinctions you see in prosecution by Federal OSHA versus state plans. It is very unusual in the legal world to have the same laws enforced by...more

Expert Tip: Use Jury Instructions in Your Opening and Closing

By the time you prepare your opening statement, you’ll know specifically what the legal theories of your case are and generally what the jury instructions will be. By the time of your closing argument, the instructions will...more

Assertion of Advice of Counsel in a Malicious Prosecution Action

In a malicious prosecution action, the client who initiated the prior lawsuit has a unique defense available to him. He can assert “advice of counsel” and attempt to avoid liability. Advice of counsel can provide an...more

Managing Project Risk With Enforceable Indemnity Agreements

Most contracts in the construction industry supply chain require the “downstream” project participant to indemnify those “upstream” against a spectrum of losses or claims relating to the project. Upstream participants, such...more

Why Everyone Is Upset About The Third Circuit’s Recent TCPA Decisions … And A Few Reasons Why They Shouldn’t Be

Defendants’ discussions of the Third Circuit’s recent decisions in Leyse v. Bank of America and Dominguez v. Yahoo have been all doom and gloom. Some of that disappointment is understandable, as the Third Circuit vacated...more

Denial Isn’t Just A River In Egypt – It May Be Defamation. Ask Bill Cosby.

This is essentially what recently happened to Bill Cosby. Three women said that Mr. Cosby sexually abused them many years ago, before many of you were born. The incidents fell well outside the statutes of limitations, so the...more

The Forthcoming Amendments to Regulation C – a Litigation Perspective

Dorsey partner Eric Epstein and Dorsey associate Augustine Lo wrote this recent article for The Real Estate Finance Journal regarding the new amendments to the HMDA regulation, Regulation C. This article discusses three...more

U.S. Supreme Court’s October 2015 Term Promises Slew of Significant Labor and Employment Cases

Each year, the U.S. Supreme Court begins its term on the first Monday in October. Although known as the “October Term,” the term in fact continues, alternating between two-week “sittings” and “recesses,” until late June or...more

“If You Were Justin Bieber’s Lawyer, What Would You Be Doing Today?”

Greenberg Glusker partner Bonnie Eskenazi was quoted in the American Lawyer Litigation Daily article, “If You Were Justin Bieber’s Lawyer, What Would You Be Doing Today?” on October 12, 2015 (subscription required)....more

Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract...more

Expert Witnesses: Who Needs ’Em?

Clients often ask whether retaining an expert witness is necessary in their case. And they are wise to ask, because experts are a critical part of many cases, but not all. As attorneys, we often retain an expert “because we...more

"SLUSA in the Age of Madoff"

Litigation arising out of Bernard Madoff's Ponzi scheme has generated multiple legal developments, including new case law regarding the Securities Litigation Uniform Standards Act of 1998 (SLUSA). SLUSA provides a powerful...more

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