What is at will employment law?
Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Rajaratnam Judge: Wiretaps in Insider Trading Cases are "Radical"
When is the last time that you needed an "original" document for a trial? Maybe never. The Rules of Evidence permit the admissibility of "duplicates."...more
Last week, New York attorney Douglas R. Dollinger asked the Honorable Vince Chhabria of the Northern District of California to reconsider an order sanctioning Dollinger and his client to the tune of $93,365.92 in monetary...more
The other day I had a trial against a junk debt buyer that ended in a directed verdict in favor of my client. This means that the court found that the junk debt buyer had put forth so little evidence that it was unnecessary...more
Is "a short and plain statement" of the grounds for removal sufficient to remove a case to federal court? Or must a defendant supply admissible evidence in its notice of removal to prove amount in controversy? The Supreme...more
REAL PROPERTY UPDATE -
- Parol Evidence: trial court erred by considering extrinsic evidence to determine parties’ intent because contract for sale of property that provided certain prior deposits be paid to seller as...more
In limine motions are a great litigation tool—they get evidence admitted or excluded before it’s even offered. You’ve probably been advised to use them whenever appropriate. But opposing counsel also will have received this...more
Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless...more
Court faults officers for failing to preserve video footage and orders charges dismissed -
Overview: The Court of Appeal held in a published case that officers violated a defendant’s due process rights by failing to...more
Traditional e-discovery collection tools are not designed to work with social media, and manual techniques are too time consuming to be workable, as a plaintiff learned in a recent wrongful termination case, Stallings v. City...more
Troy v. Samson Mfg. Corp. -
Addressing the scope of permissible new issues and evidence admissible in 35 U.S.C. § 146 district court proceedings, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a...more
Automated Solutions Corp. v. Paragon Data Sys., Inc., 2014 WL 2869286 (6th Cir. June 25, 2014).
In this copyright infringement case, the plaintiff appealed a lower court’s ruling that denied the spoliation sanctions...more
In TriVascular, Inc. v. Shaun Samuels, IPR2013-00493, Paper 39 (September 2, 2014) the Board sustained a number of objections to the patent owner’s demonstrative exhibits....more
Hawley v. Mphasis Corp., 2014 WL 3610946 (S.D.N.Y. July 22, 2014).
In this employment discrimination case, the plaintiff moved for sanctions due to defendant’s alleged discovery violations. The plaintiff claimed that...more
The advancement of technology, the preservation of electronic evidence, and concerns over imposing sanctions when discoverable electronic evidence is lost as a result of routine business, spurred the Texas Supreme Court to...more
In K40 Electronics, LLC v. Escort Inc., IPR2013-00203, Paper 46 (August 27, 2014), the Board denied the patent owner’s motion to exclude. The Board first review the proper procedure for objecting to, and moving to exclude,...more
Carl McIntyre, et al. v. The Colonies-Pacific, LLC
California Court Of Appeal, Fourth Appellate District (July 31, 2014)
California Evidence Code § 1151 excludes evidence at trial of a defendant’s subsequent...more
Professor Nimmer once identified the “weakest infringement claims of all time” as those involving attempts by copyright holders to prevent their copyrighted work from being used as evidence against them in court. “It seems...more
Need to get business records into evidence? There’s a hearsay exception for that! The business records exception to the hearsay rule makes it easier for businesses to provide records during litigation without undue...more
Saying, “[t]here is no way the court would ever order 5000+ custodians to be searched (on this record),” Judge Forrest ordered the parties to meet and confer to attempt to narrow a list of custodians whose documents must be...more
In Stewart Title Guaranty Company v. Segin Software LLC, CBM2014-00051, paper 20 (August 13, 2014), the Board reminded parties that a party may rely on supplmental evidence when there is an objection to an Exhibit...more
An outline is an excellent tool for making sure you don’t overlook any important subjects during a deposition. But don’t let this tool become a trap: Be in the moment and be ready to venture outside of your outline....more
In Local 703 v. Regions Financial Corp., No. 12:14168 (Aug. 6, 2014), the Eleventh Circuit reviewed the certification of a securities fraud class action brought by investors against Regions for allegedly misrepresenting its...more
..May a lawyer ethically instruct a client to delete potentially damaging information from a client’s Facebook page? According to a new ethics opinion from the Philadelphia Bar Association, yes, so long as the information is...more
Although a suit against a particular officer of a corporation for sexual harassment would clearly trigger a litigation hold, what must counsel do about less obvious players in a more abstract dispute? The recent case of AMC...more
In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the Ninth Circuit, relying on California law upheld a grant of summary judgment dismissing...more
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