Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions
Do You Need A Lawyer for a Federal Grand Jury Subpoena?
On November 4, 2013, the Internal Revenue Service (IRS) Large Business and International Division released a much anticipated directive on its new Information Document Request enforcement process. Scheduled to take effect in...more
The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery...more
Tax Analysts Tax Notes reports that the IRS Large Business and International Division (LBI) released mandatory, stringent new procedures for enforcing information document requests (IDRs) and issuing summonses, minimizing...more
Westdale Recap Props v. NP/I & G Wakefield Commons, LLC, 2013 WL 5424844 (E.D.N.C. Sept. 26, 2013).
In this real estate case, the plaintiffs motioned to compel the defendants to respond further to their requests for...more
SJS Distrib. Sys. v. Sam’s East, Inc., 2013 WL 5596010 (E.D.N.Y. Oct. 11, 2013).
In this breach of contract case, the defendant sought sanctions against the plaintiff. The defendant claimed that over 150 relevant...more
On November 4, 2013, the Internal Revenue Service released an internal directive that completes a two-part process of reshaping the dynamic between taxpayers and IRS examiners during the information-gathering phase of an...more
Logtale Ltd.v. IKOR, Inc., 2013 WL 3967750 (N.D. Cal. July 31, 2013). In this misrepresentation case, the plaintiffs sought to compel the defendants to comply with a prior court order and compel production from a defendant...more
Tax practitioners have reported an increase in the issuance of IRS summonses in recent months, despite statements from the IRS indicating that it prefers informal means of investigation. Because of the intrusive nature and...more
The Maine Legislature recently enacted several important changes to Maine’s Freedom of Access Act that go into effect October 9, 2013. The new laws contain several new provisions that will have an impact on how municipalities...more
An episode of the Belgian television programme “Basta” on game shows organized by some Belgian commercial broadcasting companies raised a lot of discussion in Belgium. In these shows a number of puzzles and braintwisters...more
An attorney’s signature on discovery responses certifies that the attorney “made a reasonable effort to assure that the client had provided all the information and documents available to him that are responsive to the...more
The Patent Trial and Appeal Board has published six representative decisions and orders that deal with discovery and evidentiary issues in inter partes review proceedings. In this video, Jon E. Wright, director at the...more
If you think FINRA examiners are going too far with their document requests under the cover of Rule 8210, you should "escalate" your concerns up the regulator's chain of command, a FINRA official said at the organization's...more
I recently had occasion to review a number of motion-to-dismiss rulings, including some in which denial of the motion seemed to be an easy call. I’ve since been mulling over whether there are circumstances in which it would...more
If you are a broker-dealer or a registered representative at one, you sign on for some meddling by FINRA. The self-regulatory organization is responsible for overseeing your securities business and even for your outside...more
In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more
In This Issue:
- Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith
- New York Court...more
If you are involved in litigation, you have a duty to preserve all documents and data that could be relevant to the litigation. The duty to preserve evidence begins as soon as litigation is “reasonably anticipated.” That...more
The Consumer Financial Protection Bureau (CFPB or Bureau), through its Office of Enforcement, may conduct inquiries of institutions or persons to investigate compliance with the federal consumer financial laws for which it is...more
On February 28, 2012, Justice Acosta of the First Department, Appellate Division, adopted the federal Zubulake standard to determine which party is responsible for the cost of searching for, retrieving, and producing...more
You know already that a plan administrator can be liable for statutory penalties under ERISA for failing to provide requested plan documents....more
In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more
Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses how a lawyer can add value if you have received a federal grand jury subpoena.
If you'd like more...more
The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront planning, preparation, and coordination between in-house and outside...more
In S2 Automation v Micron Technology, Mircron served S2 with interrogatories and document requests that became the subject of Micron's motion to compel. The motion to compel covered several issues, including Micron's request...more